Legal Question in Credit and Debt Law in California

I have a question regarding small claims court. I'll start with what happened...a little over a year ago I was arrested due to a combination of factors involving my now ex-boyfriend and myself. He was drunk and being a loud and irrational crazy person. The cops were called due to the noise he was making and it almost ended with me going home and that being the end of it. Instead it ended with me being arrested for possession of a controlled substance. All of that is done and over with. I completed my drug program with flying colors and everything is good in that department. After it happened my boyfriend was adamant that I use a lawyer that he used to assist him with a DUI case a while back. It was my first offense and my mom, the ex-boyfriend and I went to see the lawyer. The lawyer wanted $10,000! I urged my mom not to do it and said we should think about it, but the ex sat there and got teary eyed saying it was partially his fault and he would sell his boat and pay my mom back for half. I have been making payments to my mom, but we have not seen one penny from the ex-boyfriend. Is this a strong enough case to take to small claims court. I could probably get a written statement from the lawyer saying that he heard my ex make this statement so hat should help, right? Oh yeah...and imagine how I felt when I learned that my case would have had the same outcome if I had used a FREE public defender. Lol. Irony at its best. I appreciate any advice regarding this matter. Thank you.

Sincerely,

MLB


Asked on 1/06/13, 1:29 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

I would think you signed a fee agreement.... The fees are most likely yours.... Maybe you have a claim for his promise but you may have difficulty in proving he should pay ..

Even if you do sue does he have the money to pay you?

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Answered on 1/10/13, 9:49 pm


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