Please help!!!!!
What is the name of your state? MO
I contracted a lawyer for a chapter 13 bankruptcy to avoid an eviction on a lease purchase. He did not file the bankruptcy paperwork in time, and I was evicted from my home.
I am providing further piecemeal information....
On 8/26/04, I returned to my home after a four-day absence. On my front door was a notice from Franklin County advising me of a court hearing, scheduled for 9/20/04, regarding missed payments on the home. I called a few law offices, and most of the lawyers were not available to speak with. I called the and spoke with an attorney. I explained my situation to the best of my knowledge. I was buying a home, and missed some payments and was facing what I thought was a foreclosure. I asked him what he’s fees were, and he said $475 with the filing fee. I repeated, “$475 for everything?” and he said yes, and agreed to let me pay half once week and half the next as long as it was all paid by signing. I met with him later that afternoon to talk about filing a Chapter 13 Bankruptcy. He gave me the necessary paperwork to fill out and I agreed to return it ASAP.
On 8/30/04, I returned the completed paperwork to the office, rescheduled my signing date from 9/9/04 to 9/10/04, and paid $300.
At my signing appointment 9/10/04, I reviewed the paperwork. The vehicle I had purchased from a buy here, pay here lot in St. Clair, MO was included in bankruptcy, my own mistake in filling out the paperwork. I questioned my attorney about it, telling him I did not want the car involved. I explained to him that I purchased the car from a friend who owns a buy here, pay here lot, and this same friend had agreed to sell me another car very cheap while I got the other one fixed. I did not choose to involve this man in a situation in which he would not get paid the full amount for the car. My attny advised that involving the car would be the only way to go and when I asked what I should tell the seller, he told me “just don’t tell him.” Before I left, we verified everything was signed correctly, and I paid what I thought was the final installment of $175. That’s when my attny explained that it was $475 PLUS a filing fee of $194. I did tell him that per our initial conversation I was under the impression that the filing fee was included in the $475 he originally quoted me, and he said he must have misunderstood what I had asked him that day. I told him that I would have the filing fee the following week and he agreed to hold the paperwork until then.
After reviewing the bankruptcy paperwork and my personal finances, I was unsure if I could afford my normal household bills and the chapter payments. I contacted my attny's office and told him at this time, I would like to stop proceedings, while I pursue other options on my own. During this time, I learned that the purchase agreement between myself and Franklin Financial was titled as a lease purchase agreement. I called Division 6 court to request a continuance and was told that I would have to contact Franklin Financial directly to request the continuance. I contacted Franklin Financial at least twice between 9/13/04 and 9/17/04 and left messages requesting the continuance, but the messages were never returned. A default judgement was entered against me, because I was unable to show up, giving Franklin Financial possession of the home. At this time on 9/21/04, I again contacted my attny's, told them that I didn’t have a foreclosure, but a judgement in an Unlawful Detainer due to the fact that contract was a lease purchase agreement. I expressed the desire to resume the bankruptcy proceedings, ONLY IF I would still be able to keep my home. I left several messages on a daily basis between 9/21/04 and 9/24/04 repeating this request. I did not want to spend $194 for the filing fee if I could not be helped.
On 9/24, I returned home to find an eviction notice on my door scheduled for 9/30/04. In my messages to my attny following this, I did inform him of the eviction notice, and stressed that I would like to continue only if the house could be saved, but I needed to know either way so I could make arrangements to move, and get packed. Even though my question never got answered I did not want to take a chance that things would not get done on time, so I made arrangements to drop the filing fee in their night deposit, which I did on 9/26. I FINALLY received a message from my attny on 9/27 but he only gave instructions, on when I could drop off the filing fee and do my signing, WHICH WAS ALREADY DONE. On 9/28, I was able to speak to my attny. He advised that because the home was purchased as a lease/purchase option, things were a little more complicated, but told me if I could get the filing fee to him and come in to do my signing, he could stop the eviction because of the automatic stay. I reminded him that I signed on 9/10/04 and informed him the filing fee had been dropped off, and I had confirmed with a secretary on 9/27 that it was in fact received. He was not aware, he said. I asked if the eviction would take place if everything was filed, and he said no. I again repeated “the eviction WOULD NOT TAKE PLACE” and he confirmed.
On 9/30 around 10:30 a.m., I received a phone call from Judy at Franklin Financial to let me know that the landlord/seller and Franklin County Police Department had been at my house since 10 removing my possessions from my home. I called my attny and had the secretary pull him from a conference to speak with me. I explained to him what was going on and he said “Oh, was that today, I thought it was tomorrow, it’s not filed yet.” He informed me he would have it done, and to call Franklin Financial to notify them that there is a bankruptcy on file. My attny called back to give me a case number and told me that the automatic stay was now in affect and that Franklin Financial was to stop the eviction and put my stuff back in the house. Franklin Financial advised to have my attorney notify the office. Mr. Spieler then told me he would contact them and that if I didn’t hear from him, that I was to assume that everything was fine. This all took place by 11 a.m. At about 12 p.m. a Franklin County Police Officer contacted me to ask what I wanted done with my pets. He told me that by the time the landlord was advised of the bankruptcy, everything had been removed and locks changed.
At 3:30, after leaving several messages with my attny's office, he finally returned my calls. He told me the landlord refused to cooperate with the automatic stay, and he would file some motions with the court, but I would not be able to return to the house that evening. I left work several hours early to go move my possessions to a more secure location, as they were placed at the end of my driveway. I did not hear from him at all on Friday 10/1, even after I had called repeatedly. I had stored my stuff in my neighbor’s garage but did not make any permanent arrangements, as my attny hadn’t yet told me what was going on. Also, the landlord had my other vehicle towed from the property and I had to pay to get it out of impound. Again, the following Monday, 10/4 he did not contact me. On Monday evening I left a message on his private cell phone to please my return my phone calls, which he finally did the following morning, 10/5. Five days after the eviction he is finally able to tell me that he can’t do anything.
When I called back to restart the bankruptcy proceedings, I gave my attny every opportunity to tell me that nothing could be done, so I know if I should start making other living arrangements. I gave him every opportunity to tell me that I need to pack my stuff to avoid my current situation, many broken personal items. I gave him every opportunity to tell me not to bother paying the filing fee. Throughout the entire ordeal he has either misunderstood me or ignored me, or made mistakes which have seriously affected the outcome. He even admitted during our last conversation “Even if I had got everything filed in time, nothing can be done” but never offered an apology for his mistake. He blamed Mr. Loveless, claiming Mr. Loveless was violating the automatic stay. I had everything I own thrown out on the street, because he forgot what day the eviction was, most of my stuff is broken or stolen or ruined by the weather while I was waiting for him to call. I imposed on family members and my neighbor and friends.
On 10/27/04, my attny received a letter from me requesting my money back and a request to replace my broken possessions. He responded with a letter claiming that I never told him I had a lease purchase. He also claims that I told him the eviction was scheduled for 10/1/04. I have included a copy of that letter with this complaint. His timeline of events completely contradicts the actual chain of events. If needed, I can provide court documents supporting the Unlawful Detainer court date and the eviction notice.
Again, I ask, is this legal malpractice?
What action, if any, may be taken?
What is the name of your state? MO
I contracted a lawyer for a chapter 13 bankruptcy to avoid an eviction on a lease purchase. He did not file the bankruptcy paperwork in time, and I was evicted from my home.
I am providing further piecemeal information....
On 8/26/04, I returned to my home after a four-day absence. On my front door was a notice from Franklin County advising me of a court hearing, scheduled for 9/20/04, regarding missed payments on the home. I called a few law offices, and most of the lawyers were not available to speak with. I called the and spoke with an attorney. I explained my situation to the best of my knowledge. I was buying a home, and missed some payments and was facing what I thought was a foreclosure. I asked him what he’s fees were, and he said $475 with the filing fee. I repeated, “$475 for everything?” and he said yes, and agreed to let me pay half once week and half the next as long as it was all paid by signing. I met with him later that afternoon to talk about filing a Chapter 13 Bankruptcy. He gave me the necessary paperwork to fill out and I agreed to return it ASAP.
On 8/30/04, I returned the completed paperwork to the office, rescheduled my signing date from 9/9/04 to 9/10/04, and paid $300.
At my signing appointment 9/10/04, I reviewed the paperwork. The vehicle I had purchased from a buy here, pay here lot in St. Clair, MO was included in bankruptcy, my own mistake in filling out the paperwork. I questioned my attorney about it, telling him I did not want the car involved. I explained to him that I purchased the car from a friend who owns a buy here, pay here lot, and this same friend had agreed to sell me another car very cheap while I got the other one fixed. I did not choose to involve this man in a situation in which he would not get paid the full amount for the car. My attny advised that involving the car would be the only way to go and when I asked what I should tell the seller, he told me “just don’t tell him.” Before I left, we verified everything was signed correctly, and I paid what I thought was the final installment of $175. That’s when my attny explained that it was $475 PLUS a filing fee of $194. I did tell him that per our initial conversation I was under the impression that the filing fee was included in the $475 he originally quoted me, and he said he must have misunderstood what I had asked him that day. I told him that I would have the filing fee the following week and he agreed to hold the paperwork until then.
After reviewing the bankruptcy paperwork and my personal finances, I was unsure if I could afford my normal household bills and the chapter payments. I contacted my attny's office and told him at this time, I would like to stop proceedings, while I pursue other options on my own. During this time, I learned that the purchase agreement between myself and Franklin Financial was titled as a lease purchase agreement. I called Division 6 court to request a continuance and was told that I would have to contact Franklin Financial directly to request the continuance. I contacted Franklin Financial at least twice between 9/13/04 and 9/17/04 and left messages requesting the continuance, but the messages were never returned. A default judgement was entered against me, because I was unable to show up, giving Franklin Financial possession of the home. At this time on 9/21/04, I again contacted my attny's, told them that I didn’t have a foreclosure, but a judgement in an Unlawful Detainer due to the fact that contract was a lease purchase agreement. I expressed the desire to resume the bankruptcy proceedings, ONLY IF I would still be able to keep my home. I left several messages on a daily basis between 9/21/04 and 9/24/04 repeating this request. I did not want to spend $194 for the filing fee if I could not be helped.
On 9/24, I returned home to find an eviction notice on my door scheduled for 9/30/04. In my messages to my attny following this, I did inform him of the eviction notice, and stressed that I would like to continue only if the house could be saved, but I needed to know either way so I could make arrangements to move, and get packed. Even though my question never got answered I did not want to take a chance that things would not get done on time, so I made arrangements to drop the filing fee in their night deposit, which I did on 9/26. I FINALLY received a message from my attny on 9/27 but he only gave instructions, on when I could drop off the filing fee and do my signing, WHICH WAS ALREADY DONE. On 9/28, I was able to speak to my attny. He advised that because the home was purchased as a lease/purchase option, things were a little more complicated, but told me if I could get the filing fee to him and come in to do my signing, he could stop the eviction because of the automatic stay. I reminded him that I signed on 9/10/04 and informed him the filing fee had been dropped off, and I had confirmed with a secretary on 9/27 that it was in fact received. He was not aware, he said. I asked if the eviction would take place if everything was filed, and he said no. I again repeated “the eviction WOULD NOT TAKE PLACE” and he confirmed.
On 9/30 around 10:30 a.m., I received a phone call from Judy at Franklin Financial to let me know that the landlord/seller and Franklin County Police Department had been at my house since 10 removing my possessions from my home. I called my attny and had the secretary pull him from a conference to speak with me. I explained to him what was going on and he said “Oh, was that today, I thought it was tomorrow, it’s not filed yet.” He informed me he would have it done, and to call Franklin Financial to notify them that there is a bankruptcy on file. My attny called back to give me a case number and told me that the automatic stay was now in affect and that Franklin Financial was to stop the eviction and put my stuff back in the house. Franklin Financial advised to have my attorney notify the office. Mr. Spieler then told me he would contact them and that if I didn’t hear from him, that I was to assume that everything was fine. This all took place by 11 a.m. At about 12 p.m. a Franklin County Police Officer contacted me to ask what I wanted done with my pets. He told me that by the time the landlord was advised of the bankruptcy, everything had been removed and locks changed.
At 3:30, after leaving several messages with my attny's office, he finally returned my calls. He told me the landlord refused to cooperate with the automatic stay, and he would file some motions with the court, but I would not be able to return to the house that evening. I left work several hours early to go move my possessions to a more secure location, as they were placed at the end of my driveway. I did not hear from him at all on Friday 10/1, even after I had called repeatedly. I had stored my stuff in my neighbor’s garage but did not make any permanent arrangements, as my attny hadn’t yet told me what was going on. Also, the landlord had my other vehicle towed from the property and I had to pay to get it out of impound. Again, the following Monday, 10/4 he did not contact me. On Monday evening I left a message on his private cell phone to please my return my phone calls, which he finally did the following morning, 10/5. Five days after the eviction he is finally able to tell me that he can’t do anything.
When I called back to restart the bankruptcy proceedings, I gave my attny every opportunity to tell me that nothing could be done, so I know if I should start making other living arrangements. I gave him every opportunity to tell me that I need to pack my stuff to avoid my current situation, many broken personal items. I gave him every opportunity to tell me not to bother paying the filing fee. Throughout the entire ordeal he has either misunderstood me or ignored me, or made mistakes which have seriously affected the outcome. He even admitted during our last conversation “Even if I had got everything filed in time, nothing can be done” but never offered an apology for his mistake. He blamed Mr. Loveless, claiming Mr. Loveless was violating the automatic stay. I had everything I own thrown out on the street, because he forgot what day the eviction was, most of my stuff is broken or stolen or ruined by the weather while I was waiting for him to call. I imposed on family members and my neighbor and friends.
On 10/27/04, my attny received a letter from me requesting my money back and a request to replace my broken possessions. He responded with a letter claiming that I never told him I had a lease purchase. He also claims that I told him the eviction was scheduled for 10/1/04. I have included a copy of that letter with this complaint. His timeline of events completely contradicts the actual chain of events. If needed, I can provide court documents supporting the Unlawful Detainer court date and the eviction notice.
Again, I ask, is this legal malpractice?
What action, if any, may be taken?
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