LittleLulu

Is There A Lawyer In The House

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OC filed Suit in  "F" State Court Georgia

 

$25K alleged Attorney Contingency Fee Not set by any Law, No signing legal Fee paper, No interstate License , No recovery, 

 

Attached Affidavit of Owner of Records and Alleged Contingency Fee alleged "D" signed in Georgia date Impossible "D" was not in GA.

Not Served In GA, No Living in GA, No Address in GA.

Tried to serve summons 15 days after was filed in North Carolina with wrong Civil Action Case #  and again 151 days later.

Filed Answer, "P" filed MSJ, "D" opposed, Judge denied "P"MSJ,  later Judge set Bench Trail/Evidantry Hearing. 

Any opinions from fellow members??

Maybe request to produce or MTC Arbitration Contingency Fee not set by any Law. GA requires Attorney to

offer Arbitration before filing suit. Didn't happen cause he is not licensed in my state to practice law from his office in GA.

 

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9 minutes ago, LittleLulu said:

OC filed Suit in  "F" State Court Georgia

 

$25K alleged Attorney Contingency Fee Not set by any Law, No signing legal Fee paper, No interstate License , No recovery, 

 

Attached Affidavit of Owner of Records and Alleged Contingency Fee alleged "D" signed in Georgia date Impossible "D" was not in GA.

Not Served In GA, No Living in GA, No Address in GA.

Tried to serve summons 15 days after was filed in North Carolina with wrong Civil Action Case #  and again 151 days later.

Filed Answer, "P" filed MSJ, "D" opposed, Judge denied "P"MSJ,  later Judge set Bench Trail/Evidantry Hearing. 

Any opinions from fellow members??

Maybe request to produce or MTC Arbitration Contingency Fee not set by any Law. GA requires Attorney to

offer Arbitration before filing suit. Didn't happen cause he is not licensed in my state to practice law from his office in GA.

 

Your post is difficult to understand.

Who is the original creditor?  Are you being sued by an attorney?

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11 minutes ago, LittleLulu said:

Correction,  I don't think it's OC since there is no credit, no money or merchandise involved what so ever.

Okay.   You've got to offer more details.   

Is he claiming you had an agreement with him to pay him for legal services?   Any other details?

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40 minutes ago, LittleLulu said:

BV80

They are claiming  Jane Doe went into Georgia to sign alleged Contingency Fee for services. NO, didn't happen.

Also, not served in Georgia. 

 

 

 

 

 

If he's claiming there's a contract, he should be able to provide it along with your signature.   If he can't prove you had an agreement with him, he's out of luck.

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BVBO 

Wet signature right? Not like applying on line to a credit card where you accept terms of agreement with big banks.

 Apprerciate your confirmation,  you know how they lie to regular folks and say anything to collect $$$$. 

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 Judge denied Plaintiff MSJ and set set bench trail/ evidentiary hearing 

Would you file MTC to Arbitrate and get it out of state court?

Not served in Georgia and not by second original. 

Doesn't make since that someone has to fly from out of state so they don't get the default judgement of $25K 

It's my understanding one can request Fee Arbitration (private) and attorney is required to do so if requested.  

Contingency Fee is not set by law or and contingency fee alone is not sufficient to collect fees. 

Appreciate your thoughts and any help!

All the info here and reading for months stopped their MSJ. 

 

 

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12 minutes ago, LittleLulu said:

Not served in Georgia and not by second original.

If you are in NC they do not have to serve you in GA.  They only have to serve you.  At this point if there has been a hearing and you participated then challenging their process of service is a dead issue.

12 minutes ago, LittleLulu said:

Doesn't make since that someone has to fly from out of state so they don't get the default judgement of $25K 

Sure it does.  You were sued.  If you don't want the other party to win then you have to show up and defend it.  PERIOD.

13 minutes ago, LittleLulu said:

Contingency Fee is not set by law or and contingency fee alone is not sufficient to collect fees.

What case is he claiming he provided representation for?

On 10/27/2016 at 8:34 AM, LittleLulu said:

Maybe request to produce or MTC Arbitration Contingency Fee not set by any Law. GA requires Attorney to

offer Arbitration before filing suit. Didn't happen cause he is not licensed in my state to practice law from his office in GA.

There are no laws setting any attorney fees.  PERIOD.  This is a bad idea.  When an attorney seeks their fees in court the Judge determines if the hourly rate is reasonable and if the number of hours billed for the case are in line with the expected time for the type of case tried.  i.e. $350 per hour for a total of 43 hours including trial equals an award of attorney fees at $15,050.  This attorney does not have to be licensed in NC to sue you in GA or to go to arbitration.  

1 hour ago, LittleLulu said:

Wet signature right?

LIVE signature not electronic.

1 hour ago, LittleLulu said:

you know how they lie to regular folks and say anything to collect $$$$. 

This guy has gone to great lengths to sue you in State Court for five figures.  If this whole thing is fabricated he stands to lose his bar license over it.  There has to be more to this story than you are telling.  

Your posts make little to no sense.  Typically in a contingency case the attorney takes it at no charge to the client and if they don't recover any money they don't get paid.  Why is this guy coming after you for contingency fees?  The reason contingency fees are not defined by law is because it is based on a percentage of the verdict usually any where from 30-40% of the amount won after expenses.  

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So glad you chimed in! 

No live signature period. Really!  No contract to even file a lawsuit, no recovery, no verdict nothing!

 They are not licensed to practice in NC where my aunt lives. In fact she was not in Georgia,

she had hip surgery and was recovering, impossible for them to claim she went to Georgia. 

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10 minutes ago, LittleLulu said:

No live signature period. Really!  No contract to even file a lawsuit, no recovery, no verdict nothing!

Then why does this guy believe she owes him $25k?  The complaint has to state it.  WHY does this attorney believe he as representing her in a contingency fee case and she now owes that kind of money?

11 minutes ago, LittleLulu said:

 In fact she was not in Georgia,

she had hip surgery and was recovering, impossible for them to claim she went to Georgia. 

She doesn't have to have been in GA to sign a contingency agreement.  I used a law firm out of Oregon to represent me against one of the 3 credit bureaus.  I never once saw these lawyers face to face and wouldn't know them if they walked in my door right now.  They mailed me the agreement and I signed and sent it back.  The rest of the case was done by email.  

 

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The Judge denied their Motion for Summary Judgement because we opposed their MSJ and said there are triable issues.

Plaintiff and attorney are lying in there MSJ he said his client holds a contract and my Aunt agreed to Installment Payments

Crazy and not true! He claim that service was perfect, he nuts the local sheriff can her farm and get her the summons.

That attorney mailed to our sheriff department the summon with the Fulton County Sheriff Entery Service Form

she told the lawyer she  couldn't  fill his out, and used a  Generic one then that  lawyer gave her a bogus case numbert to  fill in sign

and she mailed it back him. I opposed the service back it makes look like they  also filed a lawsuit here against us.

 

 

 

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I understand. My case was with my old boss. The are in North Carolina  and where I work sometimes they send out to Florida  South Carolina , Tennessee and Georgia for 2 months. Our issues are here in NC and he was advising in the wrong direction like telling to  go see your doctor tell him to put you on disability! I said for what I can't do that  I young strong and healthy. The company made a lower ball offer. I turned it down and it wasn't present formally. they never told me that they were licensed to practice law in my state.

So my company blew her off and said they weren't interested in settling. the  Lawyer never to us that or other information, As it turns out If you live in NC only a lawyer advice  or you legal rights. These bad laywers can't to that if your problems is with here in State 

Im going to sleep to 

thank you for your thoughts

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Clydesmom,

 Members  questions & thoughts are appreciated to help sort through this Fabricated Lawsuit.

 Everything they have filed is Deceiving .. 

 I agree it does not make any sense! They file a lawsuit on junk and hope to win on Default.

1.  Already booked plane tickets. My Aunt will be in that court room to the Bench Trail/ Evidentiary Hearing.

2. Plaintiff " Law Offices of Joe Blow, P.C." never mailed my aunt Contingency Fee Agreement.

      NO LIVE SIGNATURE.

3. Answer filed denied all, AD was improper venue, lack of personal jurisdiction, improper service of process.

4. Months after complaint was filed ,Plaintiff Lawyer E filed affidavit of service that had Wrong Case Number then filed his affidavit

that Service was Pefrect with the wrong case number.

"SUB" in e-file title like Fulton county is the substitute court, as if there was a lawsuit filed in my hometown.

We opposed in response to MSJ the Process of Service filed by plaintiff attorney and his fraudulent information in his affidavit

5. Plaintiff attorney mailed a 2nd Summons & Complaint to locate sheriff and mailed back to him

Service was made 183 days from date complaint was filed.

6. Judge set date for bench trail , 3 days later Plaintiff attorney filed affidavit stating that "Sheriff Entry of Service"

has been made and filed with fulton county court 183days later and  did not send my Aunt Certificate of Service for his E-file.

NO local sheriff did not fill out Sheriff Entry of Service ( Fulton County form) and did not file it with the court!

Just a affidavit mailed to plaintiff attorney stating correct case number from Fulton county and date served.

7. Do you think process of service is Perfect?

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Could you start at the beginning and explain this better?  Your posts are worded in a way that's confusing. 

 

You're being sued by an attorney.  At some point, that attorney had to have some kind of claim that he was representing you and provided his/her services to you.  At some point, he/she needs to provide a contract between you two, showing that you did indeed agree to his services.  It almost sounds like from your last post that there was some sort of injury involved?  Let's take it back to the start.  Did the plaintiff ever actually represent you in any matter?  If so, did the plaintiff ever send you anything while you were in NC to sign and send back to him? 

 

I would not MTC arbitration in a case like this.  For one thing, if you are alleging to the court that there is no contract, then how can you show that arbitration would bind the parties in this matter?   Arbitration is usually a contract thing--where both parties agree in the contract to be subject to arbitration.  No contract means that no party agreed to arbitration.  Not only that, but for $25K, a lot of people would go into arbitration with you that would not for a lesser amount.  Arbitration typically applies better to a JDB trying to sue you over a $1K credit card debt or so. 

It's really difficult for us to be able to help you without knowing what is actually in the complaint that the attorney filed against you.  Without knowing what he has alleged against you, it's hard to be able to offer any thoughts on how to counter it.

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The attorney never represented me in any court matter. 

The attorney never sent anything by mail to NC to be signed. NO LIVE SIGNATURE.

I'm in NC, my former xxxx is in NC. 

Attorney not licensed in NC,  NO recovery of payment received on my behalf as mentioned below.

Plaintiff (attorney) complaint.

 Affidavit of Plaintiff;

1. He fails to mention Contingency Fee Agreement.

2. Typical My name is Joe Blow, I am the owner & president of Plaintiff. I am also the custodian of records of Plaintiff.

My testimony is based upon personal knowledge and my review of business records of Plaintiff and this testimony can

 be substantiated by the business records of Plaintiff.

3. Attached exhibit *  is a true  and correct copy of the Engagement Agreement executed by defendant. Defendant retained  Plaintiff

to represent her in pursuing a claim against her former XXXX for unpaid money, and agreed to pay Plaintiff 40% of the gross amount of any tender or recovery of payment received on Defendants behalf.

 

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Continued below;

On January 1 Defendants former XXXX sent (email) Plaintiff a copy of "paper check" showing that Defendant former XXXX had 

tendered the gross amount of XXXX to Defendant directly in NC, representing unpaid money owed  for trash. Attached hereto is exhibit ** as a true copy and correct copy of the "paper check" showing the amount received by Defendant from her former XXXX.

1. Isn't this hearsay. My aunt never recieved  this Original "paper".  

My aunt and her former XXXX are in NC,  what if her former XXXX gave my aunts husband cash in NC. 

2. Plaintiff filed MSJ both plaintiff and his attorney said my aunt agreed to pay the Attorney in GA "Installment Payment Agreement"

3. Plaintiff has repeatedly told the defendant to pay her account.

Dear members honestly THIS IS SUCH A LIE! 

We opposed their MSJ told the judge this was fraudulent and made in bad faith and plaintiff is attempting fraud upon the court

hit every detail to show willful misconduct!

4. The judge did enter Standing Order five days after plaintiff filed complaint. Plaintiff ignored it Rule 6.4 and ignored my answer went straight for MSJ. We pointed out Plaintiff outrageous behavior.  

 

How can this attorney from GA claim my aunt owes him money?

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1 minute ago, LittleLulu said:

How can this attorney from GA claim my aunt owes him money?

I am sorry.  I would LOVE to help you but you need to post ALL of the relevant facts to this case clearly and succinctly.  Your random rambling statements of partial information are WAY too difficult to follow.

If I am deciphering the gibberish correctly it appears that this attorney is claiming that your aunt retained him in a legal case against her former employer.  When the employer settled directly with her and she didn't give him his percentage he sued.  Is that correct?

Also, you keep saying"we" are you being sued as a party as well?  If not, then you cannot represent your aunt and you are practicing law without a license.  She needs an attorney fast.

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Clydesmom,

Correct, I am trying to help this person ....  by no means a  lawyer. 

The GA lawyer DID NOT SEND ANY DOCUMENTS to NC. NO LIVE SIGNATURE .  

No attorney state bar license, Nothing shows where the are licensed to practice. Very deceiving.

Did not enter into Atlanta GA to incur any debt with them.  

No Offer was accepted,  No settlement was made between any party.

That would be different.

Not seeking legal advice here.  Expressing a situation. 

So MTC ARB is out.

Searching for a post of anyone here sharing their experience in Bench Trail/ Evidentiary hearing. 

Considering others Motion 

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Clydesmom,

No,  the former employer did not settle directly. There was not settlement accepted, no offer accepted, there was no knowledge of 

their actions! Attorneys and others can be  very deceiving to regular folks and thats what happened. 

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GA attorney did not represent any legal court claims.

The GA lawyer DID NOT SEND ANY DOCUMENTS to NC and  NO LIVE SIGNATURE .  

Did not enter into Atlanta GA to incur any debt with them.   

No settlement was made between any party at anytime.

That would be different.

 

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57 minutes ago, LittleLulu said:

Do you know if Fulton County Court house has any legal service available to the public?

They do not.  Especially not in a case of this size.  Your friend/aunt REALLY needs a lawyer.  This is a LARGE amount of money and you are clearly in over your head.

38 minutes ago, LittleLulu said:

GA attorney did not represent any legal court claims.

The GA lawyer DID NOT SEND ANY DOCUMENTS to NC and  NO LIVE SIGNATURE .  

Did not enter into Atlanta GA to incur any debt with them.   

No settlement was made between any party at anytime.

You keep repeating these partial statements.  ONE MORE TIME:  give us the facts they are alleging straight forward.  Attorney says he was representing her for WHAT?  We get it that she believes he isn't her lawyer but there is way more to this story than they are lying and arguing about paper work.  

 

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