
playcare
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Lost case becuase of incompetent lawyer, what now?
playcare replied to playcare's topic in Post Judgment Forum
I guessI should have been more clear. We are willing to go to court or the bar, I just didn't want to seem like someone whining becsuse they lost and wanted to start going after their lawyer wilily nilly. I have looked at the rules in MD and without a very specific reason,there is a very limited tme to file the appeal. The time to file that appeal passed while we thought the lawyer was filing an appeal. I am also aware that we are not the only clients. After the first merit hearing things did not go very well. I called the original lawyer and said we weren't happy, that things had gone bad -
For anyone following my other posts, I was able to get al the paperwork the Plaintiff intends to introduce at trial. This is for the JDB Midland Funding, being represented by Lyons, Doughty and Veldhuis in the state of Maryland against my husband for $12,000. I believe our best approach would veto argue that there is not sufficient proof that he owes Midland Funding money. They did send a stack of old credit card statements so trying to say the credit card didn't exist seems foolish. Aside from a bunchof old statements here is what they intent to use: 1)An Affidavit from Bonnie Gohman wh
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Lost case becuase of incompetent lawyer, what now?
playcare replied to playcare's topic in Post Judgment Forum
I don't want to sue anyone or go to the bar. I'm not in the habit of just going after anyone. Here are the basic reasons I am not happy with what happened. Please note, I know and he did say that there were no guarantees. This is not about a broken promise of a win. 1) He assured me that even if the case was lost it could be appealed. 2) No paperwork was ever completed on time and it wasn't until we asked for it or reminded the lawyer that it hadn't been sent, that it was actually sent. 3) It took days to weeks to get answers to questions we had and often just as long to find out what was ha -
Lost case becuase of incompetent lawyer, what now?
playcare replied to playcare's topic in Post Judgment Forum
So from what I am getting here, the lawyer messed up in court and afterward. He said we could always file an appeal but then his associate (who he doesn't even work with anymore). Didn't do a damn thing for weeks after the trial. We don't get strait answers about anything that happened or is happening. Can I do something about the lawyer? -
Lost case becuase of incompetent lawyer, what now?
playcare replied to playcare's topic in Post Judgment Forum
It has been too long to do anything except 1) fraud; 2) mistake; or 3) irregularity. Anything not in these three categories and you stand almost no chance of having the judgment vacated. The lawyer was supposed to file an appeal but didn't. If I can find that the relaxation of rules was misused ( my husband thinks it was only for claims under $5000 but was used for our suit which was for $12,000. Would that be a mistake? I wasn't in court that day. Can I get a transcript front he court and how do I do that? I would imagine the rule used by the plaintiff's lawyers would be in there. -
This is a carryover of the another post. The original post was Do I have to answer these Interr on Judgement Debtor??_____________________________________________________________________________ So this is a massive mess. As I said, the lawyer we hired gave the case to an "associate" but he is no longer working with her. We have been going back and forth with our lawyer to get some sort of direction or answer out of him and he is giving us nothing. My husband told him we won't be working with him anymore. We don't have the paperwork from the judgement or pretty much anything but some vague e
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Do I have to answer these Interr on Judgement Debtor??
playcare replied to playcare's topic in Is There a Lawyer in the House
I'm going to start a new post on this and refer back to this one. -
The judge did not issue a sanction and said everything will be decided at the court date. Now I need to actually fight this thing. We can't afford to lose another $12,000 case. Can I fight them using certified paperwork in court? They already filed to use it as evidence. They say they have all kinds of records but that they are available in their office. How do I handle this? Have my husband just show up and ask for copies, write a letter asking for copies, try to compel copies? I would like to get the whole thing thrown out. Every time I have written a motion to dismiss for past cases
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Do I have to answer these Interr on Judgement Debtor??
playcare replied to playcare's topic in Is There a Lawyer in the House
So this is a massive mess. As I said, the lawyer we hired gave the case to an "associate" but he is no longer working with her. We have been going back and forth with our lawyer to get some sort of direction or answer out of him and he is giving us nothing. My husband told him we won't be working with him anymore. The plaintiff's lawyer has said things like he will only accept payment over time with 10% interest, we were trying to offer him a lump payment now but have no idea how that was received. This is a JDB. I want to try to get this overturned if possible. The plaintiff's lawyer had -
Do I have to answer these Interr on Judgement Debtor??
playcare replied to playcare's topic in Is There a Lawyer in the House
BTO429 This has been sent after the judgement. The judge ruled in favor of the plaintiff saying that is was likely that the JDB owned the debt and therefore my husband owed them $12,000. They used a rule to relax the rules of evidence. I don't know what rule they used and the lawyer didn't say much and now she isn't even working with attorney we hired in the first place. It sounds like we just have to answer everything. We don't have a ton of money as it all gets used to pay bills each month. We are still digging out from what got us here in the first place. -
Do I have to answer these Interr on Judgement Debtor??
playcare replied to playcare's topic in Is There a Lawyer in the House
1stStepI know we needed to do that but we can't do it before this is due. There are bills pending in the accounts and it would take several weeks to switch everything over. HotWheels96You are correct. These were the last two filed right before the SOL was up on everything we hadn't been able to pay. The one in this post is the one we hired a lawyer to handle. It was handled poorly so we are doing the other one ourselves. -
Long story short. Hired a lawyer, he passers it off to an "associate", nothing was done in a timely manner, went into court and judge said it was "likely" the $12,000 was owened to the JDB, original lawyer has taken back over, original lawyer is giving non-answers to our questions...need some help here. I am writing this but my husband was the one sued. In Maryland. Some of these interrogatories seem excessive and , quite frankly, I don't want to give all this information to the law firm of the JDB. Are there any arguments to not answer or only provide partial answers? I don't even know wh
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@ BV80 They have one statement with no charges and no payments, it does have a warning that the account is getting ready to be charged off. That was from 2011. The SOL was up Oct of 2013. They say they will be using Certified Records so I suppose they could have more but they did not attach any with the summons.