Can I try to get my fees back?

[aochoa]

One month ago, my mother was served with a summons to appear in court. It was for a default in an 16k sba loan back in 1997. She got a lawyer who proceeded to advise her to declare bankruptcy. My mom paid her $1000 to progress. I know that in the state of california, the statute of limitations to try to collect a bad debt via lawsuits is four years. Armed with this information, my mother asked her lawyer, who still told her to file for bankruptcy. I have consulted with several lawyers, and they all say that it is past the statute of limitations, so there is not legal recourse that the creditor can take. Can i threaten to sue her with malpractice unless she returns at least half of the $1000 fee that was paid to her for a bankrupctcy that never took place in the first place? Since, after all, she gave my mom bad advice to file bankrupcty?

[Clair Bonner]

One month ago, my mother was served with a summons to appear in court. It was for a default in an 16k sba loan back in 1997. She got a lawyer who proceeded to advise her to declare bankruptcy. My mom paid her $1000 to progress. I know that in the state of california, the statute of limitations to try to collect a bad debt via lawsuits is four years. Armed with this information, my mother asked her lawyer, who still told her to file for bankruptcy. I have consulted with several lawyers, and they all say that it is past the statute of limitations, so there is not legal recourse that the creditor can take. Can i threaten to sue her with malpractice unless she returns at least half of the $1000 fee that was paid to her for a bankrupctcy that never took place in the first place? Since, after all, she gave my mom bad advice to file bankrupcty?

It doesn't matter that the Statute of Limitations has expired. The lawsuit still requires a Defense; e.g., a Demurrer, and possibly a Motion to Strike. All because the Statute of Limitations has expired, doesn't mean that a collection agency can't sue her. All it means is that a defense to the lawsuit (Answer or another Pleading) needs to be filed with the court to plead the Statute of Limitations. All that requires "work" and work needs to be paid.

So, unless your mother has filed Bankruptcy that would include this current creditor, the lawsuit needs to be dealt with as explained above.