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What can you do when your ex-attorney poses as you on line during litigation?


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What can you do when your ex-attorney poses as you on line during litigation?

:shock: My ex-attorney is suing me, I fired him in 2006 because he would not do anything for my case. Besides ask the other side for a settlement again and again. :shock: He knew I had a settlement offer before I hired him from the mortgage company, I think thats why he kept sending them out,, I asked him to file against the mortgage co, he would not, I asked him to find out about the insurance, he didn't, I asked him to put an injustion against the MC but he would not, He sent me emails talking bad about other clients, his office called my mom and told her that if I didn't show up for a settlement meeting 300 miles away that 19 other of his clients might be homeless. I fired him right after that.

Now he is suing me 2 years later for breach of contract. he filed suit 13 days after I posted about him on a mortgage forum and was talking to other unhappy clients about him.

not long after this attorney filed a claim against me, I posted a revue about him on a web site, then he challenged it, so I waited 10 days like it said and re-posted my revue about him, this time he changed his name to mine and used my full name and address on the web site,,, but he used his email address as a contact for me. XhairX

I asked the Judge to Dismiss his complaint because this attorney was committing fraud against me, he even admitted that he used my name and address during 2 hearings. :hmmmmm: the Judge didn't do any about it.

I am a single mother that also cares for her elderly mother and 100% disabled sister, I live in North Florida and since 2004 we have been hit by a predatory lender :boxing: ameriquest that didn't pay off things as promised including the insurance, then we were hit hurricane's, and now this no good xsnakeyx attorney has been suing me since March 2008 this year. :BadDay:

So far I have had to pay 450 in court ordered attorney fee's and now 600 more, I am having a hard time keeping up with all the motions and stuff. I'm looking for an attorney, advice or idea's. :titanic:

Thanks

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Sorry but this is beyond the scope of pro-se advice. You are being sued by a lawyer for unpaid legal fees. That's a hard case to win when most judges were lawyers before becoming bench-warmers.

You can always file for bankruptcy under a chapter 13 plan and try to do something about your mortgage that way. In all likelihood the lawyer would get pennies on the dollar if anything in a chapter 13 case if your situation is that dire. Chapter 7 may cost you your house, so I'd stay away from that if at all possible.

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I'm thinking I might be able to use this to get it dismissed?

§ 811. Legal actions by debt collectors

(a) Any debt collector who brings any legal action on a debt

against any consumer shall—

(1) in the case of an action to enforce an interest in real

property securing the consumer’s obligation, bring

such action only in a judicial district or similar legal

entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1),

bring such action only in the judicial district or similar

legal entity—

(A) in which such consumer signed the contract sued

upon; or

(B) in which such consumer resides at the commencement

of the action.

(B) Nothing in this title shall be construed to authorize the

bringing of legal actions by debt collectors.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

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Is or can a lawyer be considered a pro se if he is representing himself? :)

[edit] Self-representation by attorneys

The United States Supreme Court has taken the position that it is bad practice for attorneys to represent themselves.[citation needed] An attorney who represents himself or herself in a matter is still considered a pro se litigant.

The Supreme Court has held that where a statute permits attorney's fees to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorneys fees.[10] This ruling was based on the Court's determination that such statutes contemplate an attorney-client relationship between the party and the attorney prosecuting or defending the case, and that Congress intends to encourage litigants to seek the advise of a competent and detached third party. As the Court noted, the various Circuit Courts had previously agreed in various rulings "that a pro se litigant who is not a lawyer is not entitled to attorney's fees".[11]

Narrow exceptions to this principle have also been suggested by other courts in the United States. For example, according to one district court a pro se attorney may collect attorney's fees when he represents a class (of which he is a member) in a class action lawsuit,[12] or according to another court represents a law firm of which he is a member.[13] In each of those instances, a non-attorney would be barred from conducting the representation altogether. One district court found that this policy does not prevent a pro se attorney from recovering fees paid for consultations with outside counsel.[14]

http://en.wikipedia.org/wiki/Pro_se#Self-representation_by_attorneys

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I belief I have solid evidence, I have emails to and from the people that own the web site that he used my name and address on. in one of the emails from the web site owner they suggest the same thing in regards to the Florida BAR.

So far in this small claims court the Judge has granted this attorney fee's in connection with the interrogatories that they were unhappy with, I got fined 450 the first time and then 600 hundred this last time. I just found out that a pro se is not aloud to recover attorney fee's unless they hire an attorney and pay him or her a fee.

Since this attorney I'm fighting ''is a pro se'' he should not be granted any attorney fee's unless he hires an attorney.

it states in the Order from the Judge that I'm to pay attorneys fee's to the plaintiff, but I know he didn't pay any fee to any other attorney.

What can I do??? :shock:

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Question?

1. I asked the Plaintiff attorney to contact me before setting up the hearing so that my motions could be added to the list in his request for a hearing. I asked in him in writing and I asked his secretary on the phone, but they didn't. The last hearing he set was for 15 minuets and only had his motions to be heard during that hearing.

When I finely got to talk to the Judges assistant, I asked for a hearing and she said that I had to contact the Plaintiff to confirm the dates and times, she said I would need to give him till the next day to reply. :roll: it doesn't seem fair that the plaintiff doesn't have to contact me but I have to contact him.

http://64.233.169.132/search?q=cache:4dn-CQp5kZ0J:caselaw.findlaw.com/data2/californiastatecases/b115047.doc+An+attorney+who+represents+himself+or+herself+in+a+matter+is+still+considered+a+pro+se+litigant.&hl=en&ct=clnk&cd=7&gl=us&ie=UTF-8

The Plaintiff is an attorney and he has not contacted me before setting up any of the hearings so far, right now I'm waiting to see if he is going to do it again. I would like to find out what I can do about this. I have read Florida Rules of Procedure in regards to this but I can't find anything about it. I've searched the FL BAR web site but have had no luck there so far.

2. I need to find out more about Pro se attorney fees. So far I found this below, but I don't know how to use it or if I can?

I'm not sure I if can use this CA case in Florida? (Trope v. Katz, supra, 11 Cal.4th at p. 280.)

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