Default Judgement- my lawyer didn't respond..

[Mrod]

I was sued a couple months ago by a debt collector for unpaid credit cards. and hired a lawyer who said would take of it and would contact all the creditors to settle my debt (I paid the lawyer). However a Default judgement was granted against me and a different Credit Card case is about to be judged. I just received a letter that i'm in default for not responding personally or through a lawyer, who said he has entered on my behalf!! I don't know what to do. I've already paid my lawyer, but it seems like he's not doing anything. Its been almost 3months and all he says he hasn't received any responses from my creditors. What should I do about the pending case and my Lawyer!!. Please ADVISE!!

Edited August 9, 2010 by Mrod

[nobk4me]

First, get all the records from the court to see what really happened.

Second, fire off a less-than-pleasant but business-like letter to your lawyer, asking him to refund all money you paid to him because of his failure to perform the professional duties for which you paid him. You might also ask him to pay you for your damages (the amount of the judgment against you) because you have now suffered those losses, due to his legal malpractice.

Third, if he does not refund your money and cover your losses, file a complaint with the body that disclipines lawyers in your state. Taking your money and not doing work is an easy way to get disbarred.

Fourth, file a motion to vacate the judgment in the court, on the grounds that you were relying on legal counsel and he did not fulfil his duty to represent you.

On the second case, the creditor does not yet have a judgment? If that is the case, go pro se. Answer the lawsuit, even if it's late, and explain that you were relying on legal counsel and he didn't do his job. Read up here on how to defend credit card lawsuits.

Good luck.

Edited August 9, 2010 by nobk4me