Results 1 to 7 of 7
  1. #1
    Join Date
    Jan 2009
    Posts
    4

    Default Attorney Fails to File Answer, Causing Default Judgement

    My question involves malpractice by a lawyer in the state of: Arizona<br>
    We hired an attorney to represent us in a debt collection issue. The attorney did not file and a default judgment was put in. The state bar has filed charges against the attorney.<br>
    Are there any attorneys out there that would take a pro bono case? What I need is to get a new court appointment for judgment because there was fraud on both sides. <br>
    This gets more complicated, without a chance to represent ourselves, or notification of court dates or times, the judgment was over turned no less than four times. Four different judges were involved and each either dismissed or re-entered the judgment without our knowledge until after the fact. We even got documents on the same day by two different judges, one saying that since no one had come forward to represent the default would go in place. and the other judge saying because we finally filed papers on our own ( not being able to afford another attorney) that the judgment would be vacated. Two days later another letter showed up from the judge that had just put the judgment in saying the paper work we submitted was denied. Now this is the judge that said that we had not filed anything. <br>
    Now we understand that the judgment was once again lifted and then put back in . We understand that we have one more week to file an appeal and we really need help.<br>
    Also, attorney for debt collector, eight months after filing finally notified credit card company. and on top of that the person that was signing the documents for the plaintiff, wasn't the attorney that was signed, after the default was put in the second time, the attorney whose name had been on the docs all along asked the courts to recognize this attorney for the company plaintiff.<br>
    The docs that the plaintiff attorney were false, as the account was never opened on the date and and the proof of debt was wrong, now the debt was written off in 2003 and the plaintiff attorney states that it was in 2005. <br>
    I went to my credit report and found that the company the debt is to has listed i have been paying all along which is false. <br>
    What do I do? I don't think that any of them should get away with this. <br>
    and to top it off, i got a letter in the mail from yet another legal firm debt collector style saying they now intend to collect on the judgment .<br>
    HELP<br>
    azbugsy&nbsp;&nbsp;&nbsp; <img src="images/styles/expertlaw/smilies/wallbang.gif" alt="" title="wallbang" smilieid="12" class="inlineimg" border="0">

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,078

    Default Re: Attorney Fails to File Answer, Causing Default Judgement

    Lawyers aren't at all likely take malpractice cases pro bono. Malpractice take them on contingency. If the damages don't justify the lawyer's time investment, they pass on the case. How much money is involved? If it's a few thousand dollars, consider small claims court.

    As for the judgment being entered, lifted, reentered, etc... The question is, what is it's status now. If it's now, once again, a judgment against you, you have a limited time to either try to get it set aside yet again or to appeal. We can't advise you on a procedural mess of the type you're describing - you need to have a lawyer review the case history.

  3. #3
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Attorney Fails to File Answer, Causing Default Judgement

    The judgement was for 18k and I have been checking with attornies and even without pro bono no one wants to touch it. Sort of makes one wonder.
    I have checked with time, and it seems because there is fraud involved on both sides I can still file against the judgment.
    I am trying to figure out which forms to use. I am thinking of writing a letter to the judge or since the case had four different judges all four.
    What do you think?
    Even the date that the account was opened was four years off and not with chase.
    azbugsy

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Attorney Fails to File Answer, Causing Default Judgement

    Q: I am thinking of writing a letter to the judge or since the case had four different judges all four. What do you think?

    A: I think the letter would hit the trash can, not the judge's desk. Hire a lawyer.

  5. #5
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Attorney Fails to File Answer, Causing Default Judgement

    Very disheartening, can't find one to help. Any suggestions?? Like what type of attorney do I look for? One that will even answer?
    I have written to fifty attorneys, and not all for pro bono and heard from two, neither of them in the field I need, they called to apologize for not being able to help.
    Talked to another attorney, he couldn't help either. HELP I need Help.
    I need help and I dont seem to get any anywhere.
    Azbugsy

  6. #6
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    1,327

    Default Re: Attorney Fails to File Answer, Causing Default Judgement

    What most lawyers are unlikely to tell you is that it is difficult to find a lawyer to sue another lawyer even under the best of situations. You might find a young hungry lawyer and pay him his $225 an hour if it is worth it to you. If it isn't worth it to you, it isn't going to be worth it to anyone most likely.

  7. #7
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Attorney Fails to File Answer, Causing Default Judgement

    I am not caring about suing the attorney, it would be like getting blood from a stone. The attorney has so many counts against with the state bar, well..
    What I still need help is finding an attorney to help me with the mess from the debt and the goof way it was handled , have gotten letters recently from two different law offices threatening to take court action on the debt. They say they are representing chase. Well even on my credit report, chase states they sold the debt back in 05 or somewhere around there. THey wrote it off in 03.
    I just need an attorney to look at what happened and help. In arizona.
    thats all.
    azbugsy

    1. Sponsored Links
       

Similar Threads

  1. Pleadings: Can I Get a Default Judgment if Plaintiff Fails to File an Answer
    By Flstatenotary in forum Small Claims Court
    Replies: 1
    Last Post: 05-06-2011, 12:59 PM
  2. Default Judgments: What to File After Default Judgement
    By goldhunter_2 in forum Judgments
    Replies: 2
    Last Post: 10-19-2010, 08:27 PM
  3. Default Judgments: Correct Procedure to File Default Judgement
    By goldhunter_2 in forum Judgments
    Replies: 3
    Last Post: 10-19-2010, 09:09 AM
  4. Legal Malpractice: Attorney Fails to Convey Files
    By Penny1 in forum Malpractice Law
    Replies: 1
    Last Post: 01-12-2010, 09:15 PM
  5. Estate Atty Fails to File Tax Returns of Deceased; Now What?
    By kubaba in forum Estate Administration and Probate
    Replies: 1
    Last Post: 08-15-2005, 06:15 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Medical Malpractice
Free review of your case by a medical malpractice lawyer.


Untitled Document