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shady lawyer

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minagirl

Junior Member
What is the name of your state?What is the name of your state? Ca

About four or five years ago, I decided to file for bankruptcy. While waiting for a court date I moved. I updated my lawyer on my new address three times with his receptionist. I did it three times because she didn't seem to recall the first time, and then lost it after the second time. Months later I got a call from her (at work, because the home phone # she had didn't work) wanting to know why I didn't show up to court!!!! I told her that I was never notified of a court date, she said I was mailed the paperwork--turns out she mailed it to my old address and she said I never told her I had moved. She told me that we would have to set up a new court date, and they would call me back to let me know when that was. The mail showed up a couple of days later, after it was forwarded.

Weeks go by, and I started calling about the new date. I couldn't ever get through to the lawyer. She always said, he was in a meeting, or not in yet, or just left. Anytime I asked her about it, she said that he would have to answer my questions, and she didn't know why he wouldn't call me back. Total run around. Months go by, and I finally happen to catch him when he answered the phone. He claimed he had no idea that I had been trying to call him and he didn't really remember a lot about my case, because it was so long ago that it had been archived. Ha! I explained everything that had happened with the address mix up and the no show, what his receptionist had told me, etc. He claims to know nothing about it and yes I can have a new court date for $400 more.

So, on my credit report it shows a dismissed bankruptcy, which isn't a good thing. As other aspects of my credit are improving, this continues to hurt my overall credit. I ran into this while trying to buy a car.

Is there any way to get it taken off. This lawyer and his receptionist absolutely will not take responsibility, there is nothing legal I can do, because it is my word against theirs and I don't want to refile for bankruptcy.
 


S

seniorjudge

Guest
minagirl said:
What is the name of your state?What is the name of your state? Ca

About four or five years ago, I decided to file for bankruptcy. While waiting for a court date I moved. I updated my lawyer on my new address three times with his receptionist. I did it three times because she didn't seem to recall the first time, and then lost it after the second time. Months later I got a call from her (at work, because the home phone # she had didn't work) wanting to know why I didn't show up to court!!!! I told her that I was never notified of a court date, she said I was mailed the paperwork--turns out she mailed it to my old address and she said I never told her I had moved. She told me that we would have to set up a new court date, and they would call me back to let me know when that was. The mail showed up a couple of days later, after it was forwarded.

Weeks go by, and I started calling about the new date. I couldn't ever get through to the lawyer. She always said, he was in a meeting, or not in yet, or just left. Anytime I asked her about it, she said that he would have to answer my questions, and she didn't know why he wouldn't call me back. Total run around. Months go by, and I finally happen to catch him when he answered the phone. He claimed he had no idea that I had been trying to call him and he didn't really remember a lot about my case, because it was so long ago that it had been archived. Ha! I explained everything that had happened with the address mix up and the no show, what his receptionist had told me, etc. He claims to know nothing about it and yes I can have a new court date for $400 more.

So, on my credit report it shows a dismissed bankruptcy, which isn't a good thing. As other aspects of my credit are improving, this continues to hurt my overall credit. I ran into this while trying to buy a car.

Is there any way to get it taken off. This lawyer and his receptionist absolutely will not take responsibility, there is nothing legal I can do, because it is my word against theirs and I don't want to refile for bankruptcy.


If you do not want the dismissal set aside (which is the same as refiling for bankruptcy), then what do you want?
 

Ladynred

Senior Member
Getting rid of a dismissed bankrutpcy is not going to be easy IF you even manage to get it off at all. There are a few strategies that may work and you get lucky.

The first mistake I see in all this, though its water over the dam, is your reliance on using the TELEPHONE as your sole means of notifying this lawyer of your address change ! The phone is convenient, but when you're dealing with something as critical as a bankruptcy case, you need to put it in WRITING. The receptionist is only there to take phone calls and make appointments - for the most part. Relying on her to get this done, especially after the 1st 'forgotten' notice, was your biggest mistake. Perhaps your lawyer didn't give you enough information on how the whole thing worked. The lawyer should have told you that a 341 meeting would be scheduled in 30-45 days. A hard copy of your address change mailed to the lawyer's office may have averted this whole fiasco.

Just a word to the wise, especially in legal matters - if its not in writing, it never happened !

Now, as for strategies to dispute off the dismissed bankruptcy, head over to www.creditinfocenter.com or www.creditboards.com and start reading and ask questions.
 

minagirl

Junior Member
shady lawyer/hard lesson

"If you do not want the dismissal set aside (which is the same as refiling for bankruptcy), then what do you want?"

I want it off of my credit report.

"The first mistake I see in all this, though its water over the dam, is your reliance on using the TELEPHONE"

How right you are! I have learned the "get it/put it in writing" lesson the hard way.

Thank you for your advice! It is greatly appreciated.
 

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