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    rob387530's Avatar
    rob387530 Posts: 5, Reputation: 1
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    #1

    Nov 11, 2009, 09:00 PM
    Being cheated out of my settlement
    I tried to get a ftc lawyer to help me with my motion to dismiss case for statute of limitation also the collection agency put false information of my credit report. They told me that they could not take my case for the statute of limitation but they will take my case for the information that the collection agency put of my report. I had to wait until I go to court and call and let them know what happen in order to see if I am able to file a claim against the collection agency I went to court on oct 30 and won my motion to dismiss case I called the lawyer and told him that I won the case he said that he was going to send a letter to the collection agency with my claim. I received a call from the lawyer on nov 8 saying that they reached a settlement and the collection agency agreed to drop the dismissial and close the case and take the information off my credit report. The lawyer sent me a copy of the settlement that was sent to the collection agency saying that I acept the settlement of 2,750.00 which I did not know about the lawyer want to give me $450.00 dollars and he gets $2,300 for lawyer fees I went to court and got my case dismissed on my own with no help from a lawyer. The account is going off my credit report next month any way all he did is send a settlement offer to the collection agency is this legal
    julietmarie's Avatar
    julietmarie Posts: 14, Reputation: 3
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    #2

    Nov 15, 2009, 12:34 PM
    I'm not a lawyer but sounds right to me. I assumed you signed an agreement that this attorney is representing you correct? When my husband was a realtor he heard this a lot "all you did was show my house to one person and it sold now I owe you $8500 commission???" YOU hired the lawyer to get this settled for you. He did. You owe him.
    Now, I still would want to see exactly what he is billing for and I'd want to review a copy of the agreement you signed with him. Are his fee's based on an hourly rate or a percentage or? If billed on an hourly rate then just make sure you get an itemization.

    As a claims manager I see attorney's all day long take 1/3 of people's injury settlement
    When often all they have to do is send a pattern letter and have their legal assistant make two phone calls to settle. However, their client pays for their expertise and peace of mind that they don't have to deal with the claim. Sometimes that peace of mind is priceless.

    Good luck!
    rob387530's Avatar
    rob387530 Posts: 5, Reputation: 1
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    #3

    Nov 18, 2009, 09:11 PM
    Quote Originally Posted by julietmarie View Post
    I'm not a lawyer but sounds right to me. I assumed you signed an agreement that this attorney is representing you correct? When my husband was a realtor he heard this a lot "all you did was show my house to one person and it sold now I owe you $8500 commission???" YOU hired the lawyer to get this settled for you. He did. You owe him.
    Now, I still would want to see exactly what he is billing for and I'd want to review a copy of the agreement you signed with him. Are his fee's based on an hourly rate or a percentage or? If billed on an hourly rate then just make sure you get an itemization.

    As a claims manager I see attorney's all day long take 1/3 of people's injury settlement
    when often all they have to do is send a pattern letter and have their legal assistant make two phone calls to settle. However, their client pays for their expertise and peace of mind that they don't have to deal with the claim. Sometimes that peace of mind is priceless.

    Good luck!
    I agree that the lawyer should get 1/3 of the settlement of 2,750 for attorney fees even though the case was settle out of court so tell me why the lawyer gets 2,350 dollars and I get 450.00. Also why do the lawyer want me to sign power of attorney to him oh I know the creditor agreed to pay me 2750 dollars for the damage they did on my credit report and the check is in my name so he need me to sign power of attorney the rip me off. Peace

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