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    darhe3425's Avatar
    darhe3425 Posts: 57, Reputation: 3
    Junior Member
     
    #1

    Feb 28, 2008, 07:04 AM
    Legal fees
    I wrote a check out to an attorney, who then said he did not accept checks. He said because it's a holiday "I will hold this check until tomorrow, bring cash, I'll give you back the check." I did that. I was in hurry to get to court and did not look at receipt till 2 days later. The receipt said I paid 175. But I paid 600. Why would this occur? I need to know before I pursue how to go about getting this corrected.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 28, 2008, 07:07 AM
    Was the original check for $600? Could have just been an oversite. Go back and get it corrected.
    darhe3425's Avatar
    darhe3425 Posts: 57, Reputation: 3
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    #3

    Feb 28, 2008, 07:37 AM
    Yes, the original check was written for 600. I can't see how this is an oversight, though.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Feb 28, 2008, 07:37 AM
    Quote Originally Posted by darhe3425
    I wrote a check out to an attorney, who then said he did not accept checks. He said because it's a holiday "I will hold this check until tomorrow, bring cash, I'll give you back the check." I did that. I was in hurry to get to court and did not look at receipt till 2 days later. The receipt said I paid 175. but I paid 600. Why would this occur? I need to know before I pursue how to go about getting this corrected.

    Ask the Attorney what happened - if he/she insists that you paid $175 then you'll have to argue the amount but it would appear that if you accepted a receipt for $175 after paying $600 (whether you read it or not) you are going to have some problems proving what you actually paid.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Feb 28, 2008, 07:43 AM
    While I agree with Judy, you do have two pieces of evidence (hopefully). You have the initial check, which I assume was made out for $600 and your withdrawal slip/receipt.
    darhe3425's Avatar
    darhe3425 Posts: 57, Reputation: 3
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    #6

    Feb 28, 2008, 05:02 PM
    Judy I have the original check that I wrote, and I have bank statement where I debited my account on the morning of to pay the check. I would think this is an error as why would an attorney deny the amount I paid. Why would a judge think I am coming to court after paying 600, then an additional 2500 to an attorney, then waste time coming to collect 425. Doesn't make sense as Judge Judy would say.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Feb 28, 2008, 06:03 PM
    Quote Originally Posted by darhe3425
    Judy I have the original check that I wrote, and I have bank statement where I debited my account on the morning of to pay the check. I would think this is an error as why would an attorney deny the amount I paid. Why would a judge think I am coming to court after paying 600, then an additional 2500 to an attorney, then waste time coming to collect 425. Doesn't make sense as Judge Judy would say.

    Again - ask the Attorney what happened and then, depending on what he/she said, decide what to do. I'm not arguing with you; I'm just saying you COULD have a problem with the burden of proof. "Why would I do this" and "This doesn't make sense" are not legal arguments - fascinating arguments but no legal basis.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #8

    Mar 1, 2008, 08:50 AM
    If the attorney does not satisfactorily give you the proper receipt for the $600 paid to him, then you may go to the local County Bar Association and talk to them as his conduct does not sound ethical at this point. There could be a reason behind why the receipt was wrong. If he is a criminal attorney, then he probably wanted the fee in cash versus a check seeing as you had court the next day. Regardless, he should have given you a receipt for the correct amount paid to him.
    darhe3425's Avatar
    darhe3425 Posts: 57, Reputation: 3
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    #9

    Mar 3, 2008, 12:42 AM
    I feel like a fool. This was a crazy time. I've never dealt with such a situation, and had several receipts that day. I was anxious, worried and upset. As it turns out he did not error I did. Sorry for trouble, and thanks for your advice.

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