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sirsanta

Junior Member
I have spoken with discover card and I have a year to dispute. Whether I was happy with the outcome is not relevant to my question. All I want to know is if I decide to do a charge back are there any legal repercussions to me. If no one knows the answer that is fine.
 


Zigner

Senior Member, Non-Attorney
I have spoken with discover card and I have a year to dispute. Whether I was happy with the outcome is not relevant to my question. All I want to know is if I decide to do a charge back are there any legal repercussions to me. If no one knows the answer that is fine.

If your entire reason for a dispute of the charge hinges on whether or not you were happy with the result, then it not only relevant to your question, it's your ENTIRE question. From what you've posted here, you are simply dissatisfied with the result of your case.
 

sirsanta

Junior Member
Hello, I will take that as you don't know the answer to my question, although it is a legal question and this is a legal forum, yet I do not expect anyone to know the answers to all legal issues. thank you
 

Zigner

Senior Member, Non-Attorney
Hello, I will take that as you don't know the answer to my question, although it is a legal question and this is a legal forum, yet I do not expect anyone to know the answers to all legal issues. thank you

You didn't ask a legal question :rolleyes:

But, if your dispute DOES go through (it won't), the attorney can sue you. It's likely that your retainer agreement includes a venue/jurisdiction clause which places you under the jurisdiction of the court near HIS location, as well as a legal costs clause. You are going to end up traveling, as necessary, to that location in order to fight it. You'll lose and be out much more money than you feel you are now.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? in
I wrote a certified letter to a lawyer who handled a previous case. I did not receive the appropriate counsel and sent information in that letter that she should have gotten from the plaintiff and did not. Due to that, she lost my case and I asked for a refund. She did not like my letter and told me never to contact her again via email. Now, is my next step to report her to the local and state bar associations? or any other legitimate, sensible ideas? appreciate it.

How was she to get the information from the plaintiff? Were you the defendant? That is the reason she lost your case? Really? You wanted a refund? How much time did she spend on your case? How do you KNOW she lost the case because she did not get information that you wanted her to get from the plaintiff and she COULD get it? What evidence do you have of that?
 

Ohiogal

Queen Bee
I filed a complaint and waiting to hear. I paid the attorney with my discover card, I can do a charge back most likely. Will a charge back cause any problems for me other than the attorney being angry? The attorney lives in another state over 300 miles away.

Another state? In what state was the case?
 

sirsanta

Junior Member
You didn't ask a legal question :rolleyes:

But, if your dispute DOES go through (it won't), the attorney can sue you. It's likely that your retainer agreement includes a venue/jurisdiction clause which places you under the jurisdiction of the court near HIS location, as well as a legal costs clause. You are going to end up traveling, as necessary, to that location in order to fight it. You'll lose and be out much more money than you feel you are now.

No, retainer agreement. Paid in full, which was stupid of me, with c.card via phone. After researching on the internet, it seems charge back probably would go through and with no written agreement I am probably in a good position.
 
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sirsanta

Junior Member
How was she to get the information from the plaintiff? Were you the defendant? That is the reason she lost your case? Really? You wanted a refund? How much time did she spend on your case? How do you KNOW she lost the case because she did not get information that you wanted her to get from the plaintiff and she COULD get it? What evidence do you have of that?

She lied. said she received no information when she did and did not research the info like I did when I finally got it from the police report I got my answer so all this doesn't matter anymore. Now I know why lawyers have such a bad reputation,
 

justalayman

Senior Member
Hello, I will take that as you don't know the answer to my question, although it is a legal question and this is a legal forum, yet I do not expect anyone to know the answers to all legal issues. thank you

if you commit fraud to retrieve your money, yes, there can be very serious implications



You have stated nothing here that sounds anywhere close to justifying a charge back. If you have a valid reason, then go for it but based what you have posted here you do not have a valid reason to file for a charge back.
 

justalayman

Senior Member
No, retainer agreement. Paid in full, which was stupid of me, with c.card via phone. After researching on the internet, it seems charge back probably would go through and with no written agreement I am probably in a good position.

No, that does not put you in a good position. In fact, it makes your position even worse. Attorney can prove services rendered. Unless you can dispute that, you have no valid basis for a charge back.
 

sirsanta

Junior Member
Since there was no written agreement, the attorney would have to come to my state and sue me, I would presume, if I did a charge back. Doubt she would do that. I, also, would like to get a copy of my file from her with the information and documents she did get and told me she did not. She told me not to contact her again (getting too close to the truth), but I would think a letter requesting my information from the case file would not be a problem.
 
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Proserpina

Senior Member
Since there was no written agreement, the attorney would have to come to my state and sue me, I would presume, if I did a charge back. Doubt she would do that. I, also, would like to get a copy of my file from her with the information and documents she did get and told me she did not. She told me not to contact her again (getting too close to the truth), but I would think a letter requesting my information from the case file would not be a problem.

Getting too close to the truth? You're kidding, right?

"You're an irritating twit and you're no longer paying me, so I'm no longer going to tolerate your foolishness" is much more likely, from her point of view.
 

quincy

Senior Member
Since there was no written agreement, the attorney would have to come to my state and sue me, I would presume, if I did a charge back. Doubt she would do that. I, also, would like to get a copy of my file from her with the information and documents she did get and told me she did not. She told me not to contact her again (getting too close to the truth), but I would think a letter requesting my information from the case file would not be a problem.

You had no written agreement with the attorney to handle the legal matter for you? You simply paid the lawyer by credit card and said to the lawyer "do this" and lawyer said "okay" and that was the extent of it? Really?
 

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