Legal Question in Bankruptcy in Minnesota

attorney never returns calls

We scraped together $1700.00 to start the chapter 13 process with an attorney. He has all our paperwork. But he won't return our calls. It has been 3 months and we have heard nothing from him regarding our status. He encouraged us to file by the end of August so our income would look lower so our monthly payment would be less. Does the clock start ticking when we sign the paperwork and hand over the fee, or is it when we go to court. We have left numerous messages. When we have gotten through he always says he is on the other line and could he call us back, which he never does. I know he is really busy, but.......Is there anything we can do?


Asked on 12/01/08, 11:37 am

2 Answers from Attorneys
Sam Calvert Calvert Law Office

Re: attorney never returns calls

Unless there is some urgency, such as a foreclosure sale scheduled for tomorrow, I suggest you write him a polite letter stating that you want to be filed by, say, Dec. 8, 2008, or you want your money refunded. Keep a copy of the letter.

If something is urgent, then make a phone call to his or her office and follow that up with a letter stating what the urgency may be.

It may be a misunderstanding -- I have had clients where I was waiting for information from them and they thought they had furnished it -- or it may be something else.

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Answered on 12/01/08, 1:33 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: attorney never returns calls

It seems apparent to me that you have yet to file, as you would've had your court date by now. I recommend following the advice of the other answerer, and keep copies of all correspondence.

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Answered on 12/08/08, 12:27 pm


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