First, none of you will believe me when I say this isn't my problem once I start referencing that it is a friend of mine. I don't care if you do think it's me, honestly, but figured I would see if anyone could share some thoughts as to what to do in this case.
The basics: her car had mechanical issues. Paid to have it fixed by a a mechanic. They f'd it up and wouldn't do anything about it. She lawyered up. Won the case this past May or so. Judge ordered them to pay for the car, and for violating some state law. Settlement ended up being for $12k or so, I believe.
Since then, she still hasn't received anything. What's worse is that the lawyer will not respond to her calls or emails.
She's paying off college loans and working at a job that wouldn't require any sort of degree just to have a paycheck, lives with friend's parents (i think they drop off/pick her up from work) because of some sort of screwed up relationship with her parents, had major surgery (1 week in hospital) before the verdict, and has had to since then, as well (nearly 1 week inpatient). Fortunately she was able to work out a plan with her doctors to get that taken care of over time.
Yes, sob story, wah wah, but she doesn't have a lot of help from anyone with this. This is about as much as I want to get involved... just offering her some suggestions as to what she can do. Parents don't seem like they will help, and her bf is in the army, stationed several hours away, so he can't/won't do much either.
Some things I thought would be to call every 15 minutes from now til whenever to finally get the lawyer to call back, but that would probably just piss off his secretary. Waiting outside his office in the morning or in the office all day might also work, but with no car that would be difficult.
mrredskin said:civ2k1 said:mrredskin said:What's worse is that the lawyer will not respond to her calls or emails.
Her lawyer doesn't respond? If so, contact the state bar.
If it's the defendant's lawyer, she should have her own lawyer contact the other lawyer and guide her through this.
yeah sorry i didn't clarify. it is her lawyer who isn't responding.Well, her lawyer probably hasn't been paid either. Getting a judgement and collecting the money are two different things. Has this friend or her lawyer done whatever is necessary to collect from the other party?
It is possible (or even likely) that the lawyer determined that the judgement is not collectible and has written it (and her) off or he may be waiting for some process that is already happening.
BillRHIT: I would assume that if she had an outstanding bill with the lawyer it would be taken out of the settlement? I really have no idea since I've never had to do that. You're right, she might not be telling me the whole story.
theman2: I agree with you when you say he probably hasn't been paid, either. "Doing whatever is necessary" is part of why I wrote this: to find out what exactly can be done to get that, also. No clue if he has deemed it unable to be collected.
Any reason she needed a lawyer in the first place? They messed up, it should be a simple matter of proving to the judge what they did wrong and what you're owed. However it is what it is.
How come she can't take the owner of the shop in for a debtor's exam? Then she'll see what she can attach her claim to. Or if your state allows a sizable chunk to be taken she could garnish wages of the owner. Also, has she spoken to the owner of the shop and informed him that she'll be reporting it to D&B if it isn't paid? I haven't done that yet, but I've heard from others it makes them pay up because they can't get business financing if that happens.
It was best she got a lawyer. just trust me on that one!
the reason she doesn't do any of what you suggested is because she doesn't have a clue about it. no contact with the shop, and i'm not sure what D&B is, myself.
She's leading you on with a sob story and probably a flip of her hair and accidently leaning over to pick something up. I mean I think its really nice of you to help her get her money so she can spend it on her bf and maybe a small boob job.
scrouds said:She's leading you on with a sob story and probably a flip of her hair and accidently leaning over to pick something up. I mean I think its really nice of you to help her get her money so she can spend it on her bf and maybe a small boob job.
she would spend it on a car to actually get her places and to start paying off all her loans, asshat. go troll somewhere else
If it has been weeks since the settlement was executed and the attorney has avoided numerous contacts, I would suggest she send the attorney a letter (and a voicemail) demanding contact and an explanation of where matters stand. In the letter and voicemail, she should make clear that a call and letter to the state bar (and local bar association) will be following shortly if her request is ignored.
As far as whether the shop has paid, if it is an ongoing business collecting on 12k probably would not be that difficult.
she's asked me for nothing and she wouldn't, nor would i give her anything. she has no family to really help her out, which is why i posted this question in the first place. thanks to those of you actually providing some info.
bigdaddycincinnati: the calling/voicemail route has been ongoing to the best of my knowledge. those of you suggesting a call/leter to the local and state bar, who exactly would you adress that issue to? i'm assuming if it's a toll-free then there would be a menu to choose such an option or dispute.
Google for a local bar association (in the county or city). For example, the Cincinnati Bar Association is the local bar association where I live. The local bar association should have someone to talk to about complaints against local attorneys. You can also check with a statewide bar association (Ohio Bar Association here) for filing a grievance. And the state supreme court should have a disciplinary board or commission that you can lodge a complaint with. Check the websites and you can figure out how your state operates.
bigdaddycincinnati said:Google for a local bar association (in the county or city). For example, the Cincinnati Bar Association is the local bar association where I live. The local bar association should have someone to talk to about complaints against local attorneys. You can also check with a statewide bar association (Ohio Bar Association here) for filing a grievance. And the state supreme court should have a disciplinary board or commission that you can lodge a complaint with. Check the websites and you can figure out how your state operates.
That's really interesting. I'm an attorney in Georgia, and our local bar associations are little more than clubs, where local attorneys can meet other local attorneys. The only bar that has any power or services here is the state bar, which also runs the fee dispute arbitration program (given the authority by the state supreme court).
So even though Cinci said this, let me reiterate that contacting whichever bar has the dispute resolution systems in place is definitely the way to go. I've been harassed by annoying clients (albeit ones whom I'd given no reason to harass me), and it never got the desired reaction out of me.
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