Legal Question in Civil Litigation in Utah

small claims

I have a question, back in June, 1999, I was served with a summons and I contacted the attorney and made some payments to him to keep it out of the courts. He told me that he wouldn't file it in the courts. Now today I received a court order to appear in court by the sheriff's dept about settlement of the account. When I called the court there was a verdict rendered against me back in January, 2000, I was not instructed to be in court and had no idea that this was going on. Should I pay the balance which is just the attorney's fees or what should I do.


Asked on 3/10/00, 5:39 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: small claims

You will need to go back to court and ask to have the judgment set aside based on your agreement with the attorney that you would make payments in exchange for him not obtaining judgment.

What probably happened is one of the following: (1) You never actually spoke to the attorney but one of his employees. If so the employee broke the law for failing to disclose that he/she was not an attorney; (2) You agreed to pay money, bit did not pay all of the money as the attorney thought you should have or thought you had agreed; (3) The attorney acted dishonorable.

The Fair Debt Collection Practices Act regulates what collectors and attorneys can do in collection of money. If the attorney or one of his/her employees broke the law, you may be entitled to damages of up to $1500.

If you want to discuss this in more detail, please give me a call.

Alvin Lundgren

(801)876 4422

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Answered on 3/22/00, 11:30 pm


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