Calvin n Hobbs
Junior Member
What is the name of your state (only U.S. law)? California
I filed Ex-Party on my Child Custody case to request that Minor Counsel be assigned to my Son who is currently 17 and living with his Mother (she is the Custodial Parent). My Son had asked to live with me; however, his Mother was against it.
My ex-party filing occurred in February 2009 and minor counsel was assigned by the courts and I paid a retainer the same day she was assigned as Minor Counsel by the courts.
The case has been continued several times over the past year. In December of 2009, not having received any additional Invoices from Minor Counsel for work performed, I initiated a letter to the Attorney requesting an Invoice. With no reply. I sent a second request letter for an Invoice in January 2010.
In February, 2010, 11 months after she was Assigned, I received a bill from the Attorney with many abbreviations that made her bill very unclear to me. I sent another letter to the attorney requesting that the abbreviation be spelled out so that I can be clear on the work performed.
During this time, I also received a call from my attorney. He shared with me a recent phone conversation he had with Minor Counsel, where she advised him that she hasn't been paid. My attorney was unaware of my letters and I advised him that I haven't paid her because she hadn't invoiced me anything to pay. I believe she called my attorney to play "damage control" and to make me look bad.
Finally, I received the bill in a format that I could read mid April 2010. Two weeks later I received a demand letter for payment from Minor Counsel.
In reviewing the bill I found that Minor Counsel billed me for reading my letters requesting an invoice ($175) and also charged me $650.00 to prepare the invoice. Both charges I am disputing.
I took 40 days to review the invoice with covered a span of 11 months. I submitted a letter clarifying the facts of my communications and included a check which indicated "Payment in Full" in the memo section for the full amount of the invoice LESS the charges for reading my request for invoice and preparing the bill. I provided the reasons for disputing these charges in my letter.
I sent the payment in the mail on a Wednesday and that same week on Friday I received a court filing from the Minor Counsel requesting to be heard by a judge regards to collecting her fees for services provided. In her Declaration she doesn't mention that I initiated the request for invoices nor does she mention that she hadn't billed me in over 11 months. In her Declaration she has added an additional $3,200 to her billing for now having to file to collect the money she believes is owed.
Today, I received confirmed from my Bank that she cashed my check, but scratched out the Terms, "Payed In Full" in the memo field. So I am under the impression she is going to go forward with her case in front of the judge to collect the fees related to Preparing the bill and filing.
So, now here is my question: Can Minor Counsel change my intentions or the condition of my payment by crossing out the Terms, "Payment in Full"? I truly feel that this attorney is trying take advantage of me, providng a bill late and last minute, ordering me to pay immediately without review, then takes me to court and amasses additional fees.
Also I would like to know your opinion on me filing a grievance with the Courts, as I feel this attorney has been totally unprofessional.
My intenions was to resolve a family problem, what I got was another problem an attorney who believes Customer Services is something you get in a coffee shop.
I filed Ex-Party on my Child Custody case to request that Minor Counsel be assigned to my Son who is currently 17 and living with his Mother (she is the Custodial Parent). My Son had asked to live with me; however, his Mother was against it.
My ex-party filing occurred in February 2009 and minor counsel was assigned by the courts and I paid a retainer the same day she was assigned as Minor Counsel by the courts.
The case has been continued several times over the past year. In December of 2009, not having received any additional Invoices from Minor Counsel for work performed, I initiated a letter to the Attorney requesting an Invoice. With no reply. I sent a second request letter for an Invoice in January 2010.
In February, 2010, 11 months after she was Assigned, I received a bill from the Attorney with many abbreviations that made her bill very unclear to me. I sent another letter to the attorney requesting that the abbreviation be spelled out so that I can be clear on the work performed.
During this time, I also received a call from my attorney. He shared with me a recent phone conversation he had with Minor Counsel, where she advised him that she hasn't been paid. My attorney was unaware of my letters and I advised him that I haven't paid her because she hadn't invoiced me anything to pay. I believe she called my attorney to play "damage control" and to make me look bad.
Finally, I received the bill in a format that I could read mid April 2010. Two weeks later I received a demand letter for payment from Minor Counsel.
In reviewing the bill I found that Minor Counsel billed me for reading my letters requesting an invoice ($175) and also charged me $650.00 to prepare the invoice. Both charges I am disputing.
I took 40 days to review the invoice with covered a span of 11 months. I submitted a letter clarifying the facts of my communications and included a check which indicated "Payment in Full" in the memo section for the full amount of the invoice LESS the charges for reading my request for invoice and preparing the bill. I provided the reasons for disputing these charges in my letter.
I sent the payment in the mail on a Wednesday and that same week on Friday I received a court filing from the Minor Counsel requesting to be heard by a judge regards to collecting her fees for services provided. In her Declaration she doesn't mention that I initiated the request for invoices nor does she mention that she hadn't billed me in over 11 months. In her Declaration she has added an additional $3,200 to her billing for now having to file to collect the money she believes is owed.
Today, I received confirmed from my Bank that she cashed my check, but scratched out the Terms, "Payed In Full" in the memo field. So I am under the impression she is going to go forward with her case in front of the judge to collect the fees related to Preparing the bill and filing.
So, now here is my question: Can Minor Counsel change my intentions or the condition of my payment by crossing out the Terms, "Payment in Full"? I truly feel that this attorney is trying take advantage of me, providng a bill late and last minute, ordering me to pay immediately without review, then takes me to court and amasses additional fees.
Also I would like to know your opinion on me filing a grievance with the Courts, as I feel this attorney has been totally unprofessional.
My intenions was to resolve a family problem, what I got was another problem an attorney who believes Customer Services is something you get in a coffee shop.
