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Creditor refuses to return money. Ignores court order.

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William Taylor

Junior Member
California
I hired a law firm to enter a motion to vacate judgement on a levy that was placed on my bank account. My lawyer won the order to vacate judgement. On April 6, 2015, The motion to vacate was granted and the judge ordered the creditor to return my money within 60 days. The judge didn't drop the lawsuit however. My lawyer advised me to retain his firm again to fight the lawsuit. On June 18, 2015 I contacted my lawyer to follow up on the return of my money. The next day my lawyer sent a demand letter to the creditor. Meanwhile, I'm still paying my lawyer monthly to fight the lawsuit. My lawyer doesn't appear to be very diligent about getting my money returned to me.
What should I do?
 


justalayman

Senior Member
. The judge didn't drop the lawsuit however.
what lawsuit?
If you mean the suit that resulted in the first judgment, well, it's not up to the judge to "drop it" if there is any validity to the suit. So, if you are being sued, I suggest you worry about that as much as you do about the return of your money. Vacating the judgment may have been a meaningless action if there is validity to their suit.


Meanwhile, I'm still paying my lawyer monthly to fight the lawsuit. My lawyer doesn't appear to be very diligent about getting my money returned to me.
What should I do?
You tell him to spend more of your money and file motions compelling the other party to either act as the court directed or show cause why they should not have to.
 

justalayman

Senior Member
If we can prove there was no validity to the creditor's claim, can I recover court costs?
not generally. Our court system is a pay your own way system usually. If there was no validity to the claim it should not have survived a challenge when first filed. That it where a party would seek summary judgment making the claim there is no valid substance to the claim and seek it be discharged. Apparently you did not do that.
 

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