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  1. #1
    press is offline Junior Member
    Join Date
    Aug 2008
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    5

    Unhappy Lawyer misrepresents settlement

    What is the name of your state (only U.S. law)? New Jersey
    Please advise: After seven years, the one count that survived to go to trial in my lawsuit was one of breach of contract. In short, when the trial date finally arrived, my lawyer indicated a settlement figure to me, that he wrote and insisted was "non taxable". The only way I agreed to settle out of court was if the settlement was non taxable.
    The result: I have to wait four years for a structured settlement over another four years.
    But...the settlement was to be non taxable.
    I learn today from the annuity firm, that the contract has not been sent to me because my W-9 has not been returned.
    I was never advised of having to file the W-9....and only advised that the settlement is/was nontaxable.
    If I do not file the W-9, I will be taxed at the maximum penalty.
    Further, I was not given the option of a lump sum payout. That option is not available to me now.
    Is it a fact that I have no options on this settlement? and
    What, if anything, can I do about the misrepresentation by my attorney?[url]http://forum.freeadvice.com/images/icons/icon9.gif[/url]
  2. #2
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
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    St. Odo of Cluny Parish
    Posts
    29,534

    Double post warning

    Quote Originally Posted by press View Post
    What is the name of your state (only U.S. law)? New Jersey
    Please advise: After seven years, the one count that survived to go to trial in my lawsuit was one of breach of contract. In short, when the trial date finally arrived, my lawyer indicated a settlement figure to me, that he wrote and insisted was "non taxable". The only way I agreed to settle out of court was if the settlement was non taxable.
    The result: I have to wait four years for a structured settlement over another four years.
    But...the settlement was to be non taxable.
    I learn today from the annuity firm, that the contract has not been sent to me because my W-9 has not been returned.
    I was never advised of having to file the W-9....and only advised that the settlement is/was nontaxable.
    If I do not file the W-9, I will be taxed at the maximum penalty.
    Further, I was not given the option of a lump sum payout. That option is not available to me now.
    Is it a fact that I have no options on this settlement? and
    What, if anything, can I do about the misrepresentation by my attorney?[url]http://forum.freeadvice.com/images/icons/icon9.gif[/url]
    http://forum.freeadvice.com/hiring-firing-wrongful-termination-5/difficulty-settling-427000.html

    Keep it in your first thread so everyone may read all the details.
    There are two rules for success:

    (1) Never tell everything you know.

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