Attorney Filed...and disappeared!

[baroness_von_poontang]

Hello!

I have used the info I learned here to get SEVERAL items removed from my CR. THANK YOU!!!!!

However, a few lawsuits were filed against me for (alleged) cc debts a few years ago. I only found out because I did a search for my name in my local court database and it showed that several banks/ debt collection agencies had won judgments against me! Apparently, they had "served" papers on "family" at a former address.

I retained an attorney to re-open the cases on the grounds that that I was never actually served. He got the cases re-opened since it was obvious something was VERY fishy about the service on non-existent family at an address I had not inhabited for several years. (He was hired on a contingency basis, so he was only going to collect on the eventual amount that was won for violations. )

Things were humming along fine, with him filing motions, etc, until he stopped returning my calls, changed his office address and phone number and stopped appearing in court, allowing the original plaintiffs to eventually prevail.

I finally tracked him ( 2 years later) down via the licensing database, and he replied with a letter stating that " So-and-so told him I had left town, so he stopped appearing in court on my behalf". Yes, he put it in writing! The only people we know in common are individuals that I have sued in regards to some business fraud they comitted, which is what (allegedly) plunged me into all this (allegedly) unpayable debt anyway.

The plaintiffs are:

MBNA &

Resurgence Financial

and also, Unifund CCR Partners (turns out he never filed on this one, so it still stands as a simple ex-parte judgment)

What would you do if you were me? I'm in IL.

I know I can probably file a malpractice claim, but not many attorneys do those...

I'm new here and THANK YOU ALL for all this information!

[Guest usctrojanalum]

I finally tracked him ( 2 years later) down via the licensing database, and he replied with a letter stating that " So-and-so told him I had left town, so he stopped appearing in court on my behalf". Yes, he put it in writing! The only people we know in common are individuals that I have sued in regards to some business fraud they comitted, which is what (allegedly) plunged me into all this (allegedly) unpayable debt anyway.

Could you explain this part a little bit more? I'm a bit confused.

Who was tracked down?

What was put in writing?

Take out the ambiguities in the bolded part such as the "so-and-so," "he," and "I" I have no idea which so-and-so did what to he

Thanks.

[baroness_von_poontang]

Because he had changed his phone number and moved from his old office. (He obviously has some mental/personality problems. )

He admitted in his letter to abandoning the cases and never doing anything other than re-opening them. He filed a motion to overturn the judgment on the grounds that I had never actually been served. Then he stopped appearing, allowing the plaintiffs to get judgments a second time.

He basically wasted my chance, since I can't likely have them re-opened a 2nd time.

I sent him a registered letter (or fax, I cant remember) which triggered him to reply.

Thanks!

[Guest usctrojanalum]

Well you probably have a very decent malpractice claim against him if you wanted to pursue that route. I would still maybe look into retrying to open the judgment again, it may not be impossible. Use his letter as evidence, state that it is better to have cases decided on their merits and you want your day to be heard in court yadda yadda. Maybe copy his pleadings as a starting point to get the judgment reopened again.

[GlitterGal]

Would it be easier to get the judgements reopened if she filed against him first, even just a bar complaint?

[609dad]

Would it be easier to get the judgements reopened if she filed against him first, even just a bar complaint?

I think you are right, GlitterGal. You might find other clients of this screwball attorney who had similar experiences with him falling off the radar. Do a little checking and see if you can find other clients and contact them. It would surprise me if you were the only one that this lawyer messed up.