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Dealing with lawyers question

Started by He Man, May 19, 2009, 01:29:07 PM

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He Man

May 19, 2009, 01:29:07 PM
What are you suppose to do if you pay a lawyer to evict someone and their not doing it? I've been waiting 6 months for them to do the paperwork (2 months of just waiting for the judge to sign the warrant for the marshal).the tenants lived there for 12 months without paying rent. Actually let me rephrase that, the tenant doesnt even live there anymore they just keep it to store stuff. the gas and electricity is shut off, and we cant take possesion of it to put it back on the market until its legally ours.

I've been talking with the lawyers assistant for about 3 weeks straight and she keeps giving me attitude about me bothering her cause she doenst know when the judge is going to sign the warrant. Im done with school tommorrow and im showing up on thursday to talk to whoever runs the place. Im pretty sure her higher up doesnt know about this.

And in the middle of talking to her, my phone dies and i call back she wont pick up now. THe last 3 times I hired to get them evicted they did it in 2-3 months tops. and I'd like to get atleast a partial refund back or atleast an outright apology but they arent budging.

Any recommendations? I got half a mind to just break the door down and start remodeling the place while the paperwork gets done. The tenant shows up once in a blue moon and just so happens to be the sister of one of the people we previously evicted (he lived upstairs).

ducatiz

#1
May 19, 2009, 01:42:35 PM
Generally, it is best to document conversations by email or phone with a letter, a paper one.  This way, you can pin them down when you have a problem.

If you are dealing with them by phone and having trouble as you describe, send them a letter and request copies of the filings they've done on this case.  Refer to your multiple phone conversations (i.e. "as we discussed in several phone conversations...") regarding your "reasonable request" for information.  You need to also state that you have had previous dealings with this type of situation and you would like an explanation of why things are taking longer.

You should get a reply soon.  If you do not, follow up with another letter, this time, send it certified mail and send a copy to the bar association of which they are a member.  I can cite numerous cases where an attorney has been sanctioned or disbarred for failing (refusing) to work in a timely manner such that the client lost his legal standing (Statute of limitations on many things), was not given timely updates, or the attorney overbilled due to his inability to work diligently.

But here is my best advice:  Document all your problems on paper.  Telephone conversations can be disputed, emails are better but courts know people can doctor them.  Send them letters via certified mail and keep a copy of it, make sure it is dated and professional. 

If you mail someone something using certified mail and they refuse or fail to present a copy of it to the court on request, then the court will often accept your version of what was in the letter to the detriment of the other party.

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He Man

#2
May 19, 2009, 01:57:07 PM
Ill draft it up and mail it tomrrow. I'm pretty sure they wont respond to it since I call them twice a week, they may just deal with it over the phone, but ill i request that they respond in writing.

Also, I assume that if the judge never signs the paperwork, I'd have to go to another lawyer to deal with this lawyer, and I'd have to start the eviction process all over again?

Monsterlover

#3
May 19, 2009, 02:14:13 PM
WTF?!?!

I suggest being polite in your letter, and make sure it is as professioally written as you can (spelling, good grammer etc).

Tell them specifially that you want a resolution and include all the above mentioned documentation.

End it with "I feel confident that someone from your office will contact me shortly to help resolve these issues in a timely mannor, or issue me a complete refund.  If someone cannot contact me to provide resolution I will be happy to forward a copy of this letter (and all the enclosed documentation) to the Bar Association."
"The Vincent was like a bullet that went straight; the Ducati is like the magic bullet in Dallas that went sideways and hit JFK and the Governor of Texas at the same time."--HST    **"A man who works with his hands is a laborer.  A man who works with his hands and his brain is a craftsman.  A man who works with his hands, brains, and heart is an artist."  -Louis Nizer**

NAKID

#4
May 19, 2009, 02:46:00 PM
Quote from: Monsterlover on May 19, 2009, 02:14:13 PM
WTF?!?!

I suggest being polite in your letter, and make sure it is as professioally written as you can (spelling, good grammer etc).

Tell them specifially that you want a resolution and include all the above mentioned documentation.

End it with "I feel confident that someone from your office will contact me shortly to help resolve these issues in a timely mannor, or issue me a complete refund.  If someone cannot contact me to provide resolution I will be happy to forward a copy of this letter (and all the enclosed documentation) to the Bar Association."


Again, just make sure everything is spelled correctly first.

[laugh]
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Monsterlover

#5
May 19, 2009, 02:48:40 PM
iphone autocorrect fail :P

[laugh]
"The Vincent was like a bullet that went straight; the Ducati is like the magic bullet in Dallas that went sideways and hit JFK and the Governor of Texas at the same time."--HST    **"A man who works with his hands is a laborer.  A man who works with his hands and his brain is a craftsman.  A man who works with his hands, brains, and heart is an artist."  -Louis Nizer**

He Man

#6
May 19, 2009, 03:16:28 PM
im going to need a 9th grader to proof read the spelling errors for me!

herm

#7
May 19, 2009, 04:26:41 PM


questions?
If you drive the nicest car in the neighborhood, work in a cash business, and don't pay taxes, you're either a preacher or a drug dealer...

yotogi

#8
May 20, 2009, 10:22:57 AM
Quote from: Monsterlover on May 19, 2009, 02:14:13 PM
I suggest being polite in your letter, and make sure it is as professioally written as you can (spelling, good grammer etc).

At least spelling was spelled correctly.  :)

Monsterlover

#9
May 20, 2009, 10:34:35 AM
Again...iPhone auto correct fail

[roll]

Consider offering the OP some advice?
"The Vincent was like a bullet that went straight; the Ducati is like the magic bullet in Dallas that went sideways and hit JFK and the Governor of Texas at the same time."--HST    **"A man who works with his hands is a laborer.  A man who works with his hands and his brain is a craftsman.  A man who works with his hands, brains, and heart is an artist."  -Louis Nizer**

He Man

#10
May 21, 2009, 10:31:33 AM Last Edit: May 21, 2009, 11:19:56 AM by He Man
in a strange turn of events, i met up with the ex husband of the lady who lived there. turns out she went loco and none of his family told him until recently and hes the one thats been in and out of there moving stuff. its pretty empty and he gave us a set of keys so we can start tearing the place down, but he says hes doing it all by him self and his ex wife is too cookoo to take care of their kids so he needs just a few more days to go out.

cool thing is, hes also a biker and he has a a complete V twin engine sitting in living room
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