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  1. #1
    Join Date
    Jan 2007

    Default Default Judgment After Lawyer Didn't Submit Paperwork

    Not sure what to do

    We live in Arizona.

    My husband was served papers on a credit card debt (an old one) in the end of Jan this year.
    It did not list me, but as Jane Doe, The credit card in consideration was one that had already been through arbitration and a judgment entered.

    We had tried to file against the arbitration and hired a lawyer who did not file time leaving us not knowing what to do.
    Then in Jan this year the law firm comes after us for payment, we contacted another lawyer and we explained what had happened last time,she said she would help us get our money back from the original lawyer and also file the paperwork for the judgment. She understood when we met with her that she only had four days to prepare and told us what she would do and asked for $1000. which we paid.

    She assured us she would file and on time. She said she would email each of us a copy the following week.
    I called the following Tuesday and she said Monday was a court holiday and she was filing then.
    I never got the email so I called a few days later and she said sure she would get them in
    We called the following week and left three messages for her. The following week I got a hold of the secretary and asked if she would be able to talk to the attorney and mail them to us regular mail.

    Each time I expressed how concerned we were after our last experience and that it be timely and how nervous we were.

    I caught her about once a week and without being nasty I reiterated that we were very concerned that it was filed. Yes she had done it and no she hadn't heard back

    Finally I point blank asked her two weeks ago to email it now and had she really filed it/?
    I went on line and found the following at the court something about an affidavit and of default, to me if I read that right, she has never filed.

    I have her on tape saying she did and still I have never gotten a document or email
    We paid by check, should we charge back the check it was $1000.
    We contacted the Arizona bar and have left several messages there, One lady called and confirmed our number and that was two weeks ago, at this point we are afraid of paycheck garnishment and our are bank accounts being emptied. The Az Bar has not called back.

    What do We do?

    Cancel the check?
    Grovel at the creditors?
    Sue the attorney and make her pay the fees ?
    Sue her for damages?

    + Help please!!!
    What do WE do?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Not sure what to do

    I would have to look at the court file to figure out what happened and when, and I'm not in a position to do that. Talk to your lawyer. If you cannot get her to return your calls, go to the court, get a copy of the court file, and talk to a different lawyer.

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