blkchr91 Posted April 3, 2009 Report Share Posted April 3, 2009 The reason I ask is because I have prepaid legal. I am having a hard time getting an attorney to travel to a courthouse in my area under the plan because I live between two large cities, and I am 3 counties away from either one!!If that doesn't work, can't I just sue the CA, OC, or CRA in their own jurisdiction and have a lawyer appear there?Thanks Link to comment Share on other sites More sharing options...
admin Posted April 3, 2009 Report Share Posted April 3, 2009 You can file by mail and appear by telephone? Call the court house and see if this is an option for you. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 3, 2009 Report Share Posted April 3, 2009 If the prepaid legal attorney won't file in your county because of his inconvenience, then what are you paying them for? Link to comment Share on other sites More sharing options...
blkchr91 Posted May 12, 2009 Author Report Share Posted May 12, 2009 If the prepaid legal attorney won't file in your county because of his inconvenience, then what are you paying them for?All of the other stuff that they have done has worked out, it is just particularly tough to get someone to appear in my jurisdiction. Link to comment Share on other sites More sharing options...
blkchr91 Posted May 12, 2009 Author Report Share Posted May 12, 2009 Alright,I still need some help here.I have an attorney who is willing to file for me, but it is in his county which is one county over from mine.He won't be filing in Federal either.Can he file in his County and do so in General District Court?Doesn't he have to file in MY county unless he is filing in federal? Link to comment Share on other sites More sharing options...
newryman Posted May 12, 2009 Report Share Posted May 12, 2009 Alright,I still need some help here.I have an attorney who is willing to file for me, but it is in his county which is one county over from mine.He won't be filing in Federal either.Can he file in his County and do so in General District Court?Doesn't he have to file in MY county unless he is filing in federal?Call me stupid for stating the obvious, but if your attorney doesnt know the answer to this then maybe you reconsider who you want to represent you. Link to comment Share on other sites More sharing options...
blkchr91 Posted May 12, 2009 Author Report Share Posted May 12, 2009 Call me stupid for stating the obvious, but if your attorney doesnt know the answer to this then maybe you reconsider who you want to represent you.He says that he *can* do this. I don't believe him. I think that the opposing party can object and then I will end up hiring another attorney.Can someone help? Link to comment Share on other sites More sharing options...
newryman Posted May 12, 2009 Report Share Posted May 12, 2009 He says that he *can* do this. I don't believe him. I think that the opposing party can object and then I will end up hiring another attorney.Can someone help?Yes listen to your attorney instead of seeking affirmation from non attorneys that he is wrong on an internet BBS. There is little if anything to be gained other than self validation. Ask HIM the questions you are asking here. What pearls of wisdom do you think you are likely to glean from people who are unable to give legal advice?You are paying for legal advice (albeit via a prepaid scheme) it would be wise to utilise that advice. What is the worst that can happen if he is wrong? You have a claim against him for malpractice. He cant simply say oops my bad and walk away on a matter of procedural fact. Link to comment Share on other sites More sharing options...
blkchr91 Posted May 12, 2009 Author Report Share Posted May 12, 2009 Yes listen to your attorney instead of seeking affirmation from non attorneys that he is wrong on an internet BBS. There is little if anything to be gained other than self validation. Ask HIM the questions you are asking here. What pearls of wisdom do you think you are likely to glean from people who are unable to give legal advice?You are paying for legal advice (albeit via a prepaid scheme) it would be wise to utilise that advice. What is the worst that can happen if he is wrong? You have a claim against him for malpractice. He cant simply say oops my bad and walk away on a matter of procedural fact. I both agree and disagree with you. For starters, this is the "Is there a Lawyer in the House" forum. While I am not guaranteed to get to speak with an attorney, I have obtained a pretty good amount of useable information here.Yes, I agree it is an internet BBS.The problem is that this attorney is hardly making enough money off of pre-paid legal to motivate him.I have seen it time and time again.In fact, he wants ME to draft the complaint. I could do it for sure, but that is a little scary.If he doesn't do right by me, it is ME who gets to deal with the hassles, and ME who risks prepaid legal not paying for another attorney. I guess you can say that I am just wondering about all this. I believe that this is just as much of an art as it is a science. Link to comment Share on other sites More sharing options...
newryman Posted May 12, 2009 Report Share Posted May 12, 2009 ...........If he doesn't do right by me, it is ME who gets to deal with the hassles, and ME who risks prepaid legal not paying for another attorney.........Not quite. Procedural matters such as the rules of court etc etc in your state are matters that a competent attorney is required to have knowledge of. For him to advise you wrongly on such simple factual matters of procedure is negligent per se. You would have grounds for a malpractice suit. No attorney wants one of those and most would move heaven and earth to correct the error and make sure you were not adversely affected by it to rather than face such a suit and the possibility of losing their right to practice. We are not talking a million dollar settlement here, we are talking about what in the scheme of things is a small amount in relation to the value of his law license.Pre paid legal unless it is a fully underwritten scheme is lucrative for the saleman but usually bad value for money for the consumerIn either event they will have the ultimate say and a refusal to co operate with the attorney or if you act outside his advice can often give them grounds to repudiate cover, so tread warily unless you are prepared to go it alone or with a paid attorney. Link to comment Share on other sites More sharing options...
blkchr91 Posted May 12, 2009 Author Report Share Posted May 12, 2009 Not quite. Procedural matters such as the rules of court etc etc in your state are matters that a competent attorney is required to have knowledge of. For him to advise you wrongly on such simple factual matters of procedure is negligent per se. You would have grounds for a malpractice suit. No attorney wants one of those and most would move heaven and earth to correct the error and make sure you were not adversely affected by it to rather than face such a suit and the possibility of losing their right to practice. We are not talking a million dollar settlement here, we are talking about what in the scheme of things is a small amount in relation to the value of his law license.Pre paid legal unless it is a fully underwritten scheme is lucrative for the saleman but usually bad value for money for the consumerIn either event they will have the ultimate say and a refusal to co operate with the attorney or if you act outside his advice can often give them grounds to repudiate cover, so tread warily unless you are prepared to go it alone or with a paid attorney.I tend to agree with you. I usually stop looking when I find an attorney who is willing to write a letter or represent me. It is hard to get that done with pre-paid legal as it is.After looking at your last post, I have a different viewpoint. Another real hassle will be trying to switch attorneys. Link to comment Share on other sites More sharing options...
FlaLawyer Posted May 13, 2009 Report Share Posted May 13, 2009 Review the venue statute of your state. There you will find your answer.Is there any specific reason you want it filed in Federal Court? Link to comment Share on other sites More sharing options...
blkchr91 Posted May 15, 2009 Author Report Share Posted May 15, 2009 Review the venue statute of your state. There you will find your answer.Is there any specific reason you want it filed in Federal Court?I don't want it filed in Federal Court, I want to file it anywhere I can. Link to comment Share on other sites More sharing options...
blkchr91 Posted May 15, 2009 Author Report Share Posted May 15, 2009 Well my gut was right on this one. The attorney crapped out out of the deal. Made up some story about how I have to first file a complaint with the FTC to take legal action against a creditor or credit reporting agency. Link to comment Share on other sites More sharing options...
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