Legal Question in Business Law in California
Out of control attorney
In order to avoid costly litigation we
have agreed to pay an obligation. We
make monthly payments to these
people by sending checks to their
attorney and he forwards the checks
to them. I mail them Priority Mail
with delivery confirmation. I did the
same with January and February and
I have confirmation from the United
States Post Office that they were
delivered to this attorneys office. The
Attorney is denying ever getting
them and telling us that a cashed
check is the only proof that payment
was made. So, if these people don't
cash their checks then we haven't
made payment and they charge us
interest and threaten foreclosure. My
husband took replacement checks to
this attorneys office and they refused
to sign anything acknowledging
receipt of these payments. Basically
what they are saying is that we are
responsible for the checks being
cashed. If they don't give them to
their client or they lose them we are
held liable. This cannot be legal or
ethical. What do we do?? We cannot
afford an attorney and this guy is
way out of control.
3 Answers from Attorneys
Re: Out of control attorney
If all else fails, or possibly sooner, you might want to contact the California State Bar and make a complaint. This sounds like improper handling of client trust funds and the Bar is very tough on this. Try www.calsb.org
Re: Out of control attorney
Have you explained the situation to the party that is supposed to be getting the money? Maybe it would be better to send checks directly to them rather than going through their lawyer?
Re: Out of control attorney
How about getting their bank account information and depositing the payment directly into their account? Then send them the receipt showing it was deposited.
A local attorney might not charge you much to send some threatening letters.
Related Questions & Answers
-
Continuing lawsuit of no merit We're being sued by business associate - both... Asked 3/24/07, 11:32 am in United States California Business Law
-
Members taking all profits I am a member of an LLC where the two Corporate Members... Asked 3/23/07, 12:04 pm in United States California Business Law