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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Default Bankruptcy Lawyer Won't Issue Refund

    My question involves bankruptcy in the state of: Indiana

    Hello, new to the forums and was advised to post my question here.

    I spoke with a local attorney and chose them to file chapter 7 with them. To be completely honest, I didn't do near as much research as I should have and thats puts me in the situation that I am in so here goes the story.

    I spoke with them several times, they told me all the documents I would need, told me they could stop wage garnishments and court dates, told me they would help getting any of the needed information and basically made it sound safe and easy. The first few times I visited the office it was to turn in the needed paperwork, and I had a court date coming up and told them about it. They said they could get it cancelled as soon as I paid them to get the ball rolling. When my court date finally did arrive they advised me to just tell the judge I'm filing bankruptcy. So nearly 3 months ago to this day, I paid them in full.

    Over the last 3 months they have made no attempt to contact me. Its been me calling them non stop because I had an issue with getting one of the required documents. And after leaving several voicemails I finally reached one of the office employees and they told me it wasn't their job to get the information and let them know when I did get it so we could move forward.

    I never was able to get it and I recently lost my job and need the money I gave them (to do nothing) to get by. So I drove up to the office, showed them my receipt and they told me I needed to write a paper explaining why I needed a refund. I turned the paper and also a copy of my receipt into them and was told that I would hear back from them in a couple of days. 2 days went by and I called them and was told they were too busy to check out my paper.

    So basically it's looking like I'm out of luck. Im not sure what else to do at this point. I was told to file a complaint with the better business bureau and I did that. I am worried the BBB will contact them while they are "reviewing" my refund and then they'll definitely deny it. I was also told to take them to small claims court but I feel I dont stand a chance in court representing myself against a lawyer. I was also told to file a theft report with the police in the county that their office is in.

    I'm willing to do whatever I have to to get my money back with the excepetion of obviously spending alot more money. Does this sound like normal policy to anyone?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Bankruptcy Lawyer Wont Issue Refund

    You retained them to provide a service. Consult the contract you signed with them to determine if you are entitled to any refund.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bankruptcy Lawyer Won't Issue Refund

    If the delay in the bankruptcy was caused by your failure to get relevant documentation, and you did not retain your lawyer to obtain that information for you, that's not the lawyer's fault.

    Whether or not you are entitled to a refund, full or partial, will depend on the terms of your retainer agreement and the work the law firm has performed to date. Exactly what does the retainer agreement provide, and what work has the law firm completed?

    Stop trying to get legal advice from the village idiot. A disagreement over whether you're entitled to a refund of legal fees is not "theft".

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