Lawyer ran away with my $1500
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tainted4ever
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PostPosted: Sun, 8th Aug 2010 15:33    Post subject: Lawyer ran away with my $1500
Had to get a contract done for some work I'm doing. Decided to hire a lawyer I met during free consultations at my Uni. We talked for about an hour and he seemed like he knew his stuff. So I wired him $1500, standard fee for this sort of contract.

Fast forward 2 months; I've heard from him only once. He isn't picking up calls and not responding mails. I have a bunch of mails proving I hired him to do the work for me, and I have a wire receipt, but I don't know how far that will get in court. How do you go about suing a lawyer in the twisted legal system of California, I don't know. I've only gotten sued thus far, never taken action against anyone in my life. Sigh, just more stress that I have to deal with now next to a bunch of family shit Sad
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TSR69
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PostPosted: Sun, 8th Aug 2010 15:43    Post subject:
That sucks, can't help you with it but over here to start a lawsuit will cost more than the lost 1500 USD.


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LeoNatan
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PostPosted: Sun, 8th Aug 2010 15:46    Post subject:
But usually in civil cases, the losing side is also tasked with paying for the legal fees of the winning side, no?
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kalato




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PostPosted: Sun, 8th Aug 2010 15:48    Post subject:
How do you know he isnt dead? ;p Anyways sorry to hear that mate, hope it gets sorted soon!


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TSR69
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PostPosted: Sun, 8th Aug 2010 15:53    Post subject:
iNatan wrote:
But usually in civil cases, the losing side is also tasked with paying for the legal fees of the winning side, no?

Yes but with the proof tainted has, would you be risking to start a lawsuit?
Verbal agreements are quite useless in court.
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LeoNatan
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PostPosted: Sun, 8th Aug 2010 16:04    Post subject:
Well, it depends on the verbal agreement, and what proof he has of that agreement. Here verbal agreements are accepted if there is proof of such agreement.
That said, I would have never wired money without a face to face, signed agreement in the first place.
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tainted4ever
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PostPosted: Sun, 8th Aug 2010 16:12    Post subject:
Verbal agreements are honored under California law (somewhat). And I have the emails and the wire receipt as physical proof, and my brother as a witness that I sent the money expecting him to get the job done. I'm just not sure how far I'll go suing a lawyer with 15+ years of experience.

Oh, and I'll be taking him to a small claims court probably. I think I'll spend another couple of weeks trying to get ahold of him. If I can't, then I'll go about setting up a court date.

The money isn't the issue here. I can eat the loss. Its just that I'm not going to let some prick walk away with $1500 of my money.


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LeoNatan
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PostPosted: Sun, 8th Aug 2010 16:16    Post subject:
Try wearing a hidden camera or a recording device at least and meet him at his office, place of residence, whatever. Catching him in the word is always nice thing to pull in such cases. Small claims is even better.
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tainted4ever
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PostPosted: Sun, 8th Aug 2010 16:24    Post subject:
That's a nice idea Leo, except I'm pretty sure he'd sue me for breach of privacy then Sad


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TSR69
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PostPosted: Sun, 8th Aug 2010 16:26    Post subject:
Thing is, can you proof the verbal agreement, he might claim he got paid for some consultancy.
Btw usage of hidden camera or other recording devices is forbidden in the Netherlands, breach of privacy.
There is an exception in the law for journalists though Neutral


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LeoNatan
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PostPosted: Sun, 8th Aug 2010 16:29    Post subject:
What kind of a nonsense is this, breach of privacy... Rolling Eyes And him taking the money is not a breach? And let him sue, once a court determines he is a thief, let him sue.
Big brother breaches privacy all the time, but catching some asshole in a lie - nope, must not do that!
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tainted4ever
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PostPosted: Sun, 8th Aug 2010 16:36    Post subject:
iNatan wrote:
What kind of a nonsense is this, breach of privacy... Rolling Eyes And him taking the money is not a breach? And let him sue, once a court determines he is a thief, let him sue.
Big brother breaches privacy all the time, but catching some asshole in a lie - nope, must not do that!
I don't want to get all involved with this. All I want is my money back in the quickest and cleanest manner possible. Last thing I want to do is give him an excuse to counter-sue. And this is California, remember that. Lawyers are a master race here =/
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todd72173




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PostPosted: Sun, 8th Aug 2010 16:38    Post subject:
I am 2 for 2 in small claim lawsuits. Sued a dry cleaner for ruining my jacket (bleached it). Also sued an individual person for non-payment (had a written contract). If you have something in writing, you should win. Verbals usually do not hold up. Also, never 'wire' money. Use a credit card instead (or paypal).


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Reg67




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PostPosted: Sun, 8th Aug 2010 20:26    Post subject:
What did you expect? Hes a lawyer! They rank up there with estate agents as the scummiest, most untrustworthy professions.
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Saner




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PostPosted: Sun, 8th Aug 2010 21:49    Post subject:
Hire a Lawyer to sort it all out for you.


ragnarus wrote:

I saw things like that in here and in other "woman problems" topics so...... Am I the only one that thinks some authorities needs to be alerted about Saner and him possibly being a rapist and/or kidnapper ?Smile

Saner is not being serious. Unless its the subject of Santa!
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sabin1981
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PostPosted: Sun, 8th Aug 2010 21:54    Post subject:
Saner wrote:
Hire a Lawyer to sort it all out for you.


Laughing
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madmax17




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PostPosted: Sun, 8th Aug 2010 22:16    Post subject:
It's great to have a lawyer/friend (who doesn't charge me btw) like I do Very Happy
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ixigia
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PostPosted: Sun, 8th Aug 2010 22:18    Post subject:
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inz




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PostPosted: Sun, 8th Aug 2010 22:21    Post subject:
madmax17 wrote:
It's great to have a lawyer/friend (who doesn't charge me btw) like I do Very Happy


It sure is good to have friends with benefits. Wink
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psychokillergr
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PostPosted: Sun, 8th Aug 2010 22:37    Post subject:
go to his home and settle the things

court will cost you more just torture him a little after the civilized talking Very Happy
take on of those with you



or go to police department and call him there and on purpose beat him infront of them after demanding from him the money
i dont think that he will dare to sue you


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Thenjhar




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PostPosted: Mon, 9th Aug 2010 10:25    Post subject:
You need to contact the California Bar Association and speak to an adjucant there. Give all the details to them and they will contact the lawyer on your behalf and either get restitution or force him to contact you. Accepting money makes you his client and if he fails to return calls or contact a client in a timely manner it is considered abandonment of client on the lawyers part and he cannot hold onto monies for which he is not entitlled. There is no need to try to persue it in a civil court. This is one of many reasons the each state has a bar association.


Trust No One, Live Long.
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tainted4ever
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PostPosted: Mon, 9th Aug 2010 11:08    Post subject:
Thenjhar wrote:
You need to contact the California Bar Association and speak to an adjucant there. Give all the details to them and they will contact the lawyer on your behalf and either get restitution or force him to contact you. Accepting money makes you his client and if he fails to return calls or contact a client in a timely manner it is considered abandonment of client on the lawyers part and he cannot hold onto monies for which he is not entitlled. There is no need to try to persue it in a civil court. This is one of many reasons the each state has a bar association.
I did not know this. Many thanks!
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StrEagle




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PostPosted: Tue, 10th Aug 2010 17:12    Post subject:
iconized wrote:
Thing is, can you proof the verbal agreement, he might claim he got paid for some consultancy.
Btw usage of hidden camera or other recording devices is forbidden in the Netherlands, breach of privacy.
There is an exception in the law for journalists though Neutral


It isn't a breach of privacy, cause you're filming your conversation, that you're partaking in. While you're involved into the thing you're filming, it's in your right to film it.
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TSR69
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PostPosted: Tue, 10th Aug 2010 17:39    Post subject:
Well I know a little about Dutch law since I am Dutch, if you want to record/film conversations/happenings you have to ask if the subject objects first.
If not you can freely record it.
Someone who is corrupt or has things to hide most likely will never agree to get it recorded.

Edit: Meaning that it is basically a useless means to lure a person into an confession.
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