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  #1  
Old 05-04-2008, 09:25 AM
Junior Member
 
Join Date: Apr 2008
Posts: 3
Angry

Still hurting


What is the name of your state? California I was involved in an accident had an attorney they settled my case received payment from an insurance company forged my signature cashed the check and drop my case can I sue the attorneys. I called attorneys office for months, every time I called the excuse they kept giving me. Was, they had no more information to give me at the time. After I contacted the insurance company they explain to me that the case had been settled. In November of 2007 each and every time I called the attorney's office. I was told that there was no settlements in my case. Last week I finally asked attorney's office for the phone number and information to the insurance company. I was informed by the insurance company, that the case have been settled back in November of 2007. The check had been cashed in attorney's office claimed that they never received a check. Nor do they cashed the check, insurance agent sends me a copy of the check with the law firms. Official stamp and a signature on the check that was not mine my attorney did not contact me at all. Nor did the attorney discussed with me. The settlement of the case I now have in my possession a copy of a letter signed stating that I agreed to the settlement. The signature on a letter is not mine, nor is his signature in the back of the check mine even if they have the power of attorney to cashed the check. Why wasn't I compensated after all. I'm the one that was injured in the accident!!!!!!!!!!!!!!!!!!!!

Last edited by InedInFo2; 05-04-2008 at 04:59 PM. Reason: Adding more information
  #2  
Old 05-04-2008, 11:51 AM
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Join Date: Jun 2006
Posts: 2,490
How did the attorney cash your check without your bank account number? Why was the check sent to him instead of you? When did you call the police? What did the insurance company say when you called them?
  #3  
Old 05-04-2008, 12:33 PM
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Join Date: Jul 2007
Posts: 2,337
Most attorney-client agreements for contingent fee cases give the lawyer power of attorney to negotiate settlement checks.

OP didn't give nearly enough info to determine whether anything untoward was done here.
  #4  
Old 05-05-2008, 06:15 PM
Member
 
Join Date: Jan 2008
Posts: 35

Interesting


It would be interesting to know what was stated in the original agreement. Also, why would be they still insist that there was no settlement when, in fact, there was.

Did you tell the attorneys that you had a copy of the settlement agreement and let them know that you are aware of the settlement?
  #5  
Old 05-06-2008, 06:31 PM
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Join Date: Apr 2002
Posts: 9,183
Did you sign an agreement with them that informed you of what they would charge you in fees to accept your case?

They obviously sold you out, probably by automatically accepting a lower settlement agreement than you would have agreed to and they probably did not check with you before accepting the settlement. Yes, you have grounds to sue, but first file a complaint with the California State Bar Association and check his background on the bar association website and at the Better Business Bureau website to see if there are other complaints on file against this attorney.
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