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I sifned a contract with my attorney for $4000. I fired her and then she tripled the amount I owe. She kept filing things with the court after I fired her. Now she won a judgement against me and is now garnishing my wages per court order. I am head of household and cannot afford this. Please HELP!! Thank you!
Were you at the hearing when the judgement was against you? Have you asked for a full billing? Do you have proof you fired them? There are some loose ends they need to do when you let one go. They must inform the other parties your no longer represented by them. Also what was promised for the $4,000? Were there complications in your case?
Hi- thanks for responding. No I was not present. I received notification about the judgement hearing on the same day it was held by mail. The same with the notification about garnishing my wages. I initially went to her for help on deciding a school for my 8 yr old. My ex & I are zoned for diff schools. She saw I wasn't receiving child support (3 kids) and encouraged me to pursue it. She stated she'd have her coworkers help & would do it probono because she was convinced my ex was hiding money. It dragged on and on and every court appearance I was out running around making copies (she was completely unprepared!). I couldn't afford the expense so I agreed to pay a monthly payment for the remaining $4000. That's when I terminated her, through mail, phone & email. She then filed with the courts that I was bullied by my ex into settling with him outside of court. She even tried to get representation for my boys but failed. Then, I get a final bill for almost $12000!! Within 2 months she hits me with the judgement and now the garnishings of my wages...
Where are you located? Laws vary by location regarding service. For example: my state will not allow me to mail someone a court summons - it has to be served on them or published in a local newspaper. So if you weren't properly notified, you may be able to have the judgment dismissed.Quote:
Originally Posted by cortagus
What did you pay the attorney as a retainer? You say she told you she would work pro bono - did you get anything in writing? What does your contract say about retainer fees/hourly fees/etc?
She can tell the courts that you fired her because a pink elephant landed on your head - it doesn't mean anything. What does matter is the amount of work she performed, how much money you gave her and how much you actually owe.
Do you have proof of the date that you fired her? Can you prove that she was filing paperwork after you terminated her?
I'm in Florida. I initially gave her $2500 retainer. Unfortunately, I never got in writing any of her pro-bono claims. After that I paid for copies (I made during trials) and filing requests to the judge. I agreed to pay $250 an hr after the retainer was used. She kept telling me to be strong, keep "standing up" to my ex and go for more child support. She kept saying how much of a religious person she was and felt we were brought together for a reason. She told me about her nasty divorce and what her ex did to her.To me, that was a little too personal. I kept my emails I sent her and a copy of the letter stating I no longer required her services because my ex and I worked things out without the expense of the court. She was notified and still went to court stating I never told her. I faxed a copy of my agreement with my ex, emailed it to her as well as an original copy to her office. She kept saying she did not advise me to sign it. My ex and I are both remarried and try very hard to keep things peaceful for our boys. I honestly believe our agreement is fair. She wanted me to keep fighting. She was all over the place. The day of the first trial, she went and had her eyebrows permanently tattooed and then couldn't even find the files to bring to court! Every time we went up against my ex's attorney, we looked like a joke. I had to make copies for her during most of the hearings and the judge kept warning her that she was not properly conducting herself. The judge even commented about how many times I kept getting up and leaving! Again, she kept claiming that my ex was in a "conspiracy" and hiding money and claiming he had committed fraud. All of the requests she brought to the judge were denied. Then I actually found out through my ex that he and his attorney offered a settlement in Aug 2009 and I was NEVER told about it from my attorney. It basically was what we settled for outside of court. It would've saved me a tremendous amt of money and stress. She kept saying "think of your kids!" Well, now she's going to be taking 25% of my income twice a month. I am head of the household, I pay over 50% of the bills, etc. I never received paperwork she filed against me once she knew I signed the agreement. She sent them to my ex's attorney. They actually appeared in court two more times after I dismissed her.
If she said she was working pro bono, then you shouldn't have given her anything as a retainer.Quote:
Originally Posted by cortagus
From what I've read, Florida does not allow service by mail. Get down to the courthouse and ask them if you can look over the file - look for what she used as proof of service. If it says anything other than how you actually received the summons, file to have it dismissed on grounds of improper service. Most likely, she'll have you served again and you need to show up in court to argue your side of the case.
Again, her relating her own personal issues have no bearing on this. If you connected with her, that's a separate issue. She can have her eyebrows tattooed if she wants - that's her prerogative and doesn't affect you or your case in anyway. If she didn't make copies, that's not a major issue either - not the most professional but it doesn't mean she was "all over the place."
If your ex and his attorney can prove or are willing to testify that they offered a settlement and your attorney hid it from you, then you may have a case against her for extortion.
THANK YOU!! Its so frustrating to not fully understand the law. I am grateful for the advice!
I would definitely consult with another attorney on this. This woman seems to have taken you for every dime she could.Quote:
Originally Posted by cortagus
See if your ex would be willing to testify that he had his attorney offer a settlement, which you never received.
Thank you, trust me I've thought about it. My issue is lack of money. We are on a tight budget. We support my 3 boys and my stepson. I am now researching on how to file this stuff without representation. At least I know I tried! I appreciate all your help!
I wouldn't try something like this without representation. Think of it this way: would you get some advice from a website, walk onto a farm and start telling the farmers how to raise their cattle? No way. It's the same thing - this woman has studied the law and knows what she's doing.Quote:
Originally Posted by cortagus
You might be able to find an attorney to work off a commission, where s/he would receive a certain percentage of whatever you were awarded. How much of the $12,000 judgment has been paid already? You might also be able to sue her for funds that you paid to her because she hid the settlement offer from you.
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