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Lazy Lawyer isn't the word for mine

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F

FlaSunshine

Guest
What is the name of your state?What is the name of your state? Florida

To keep this short on Sept. 22, 2004 we signed a stipulation agreement on an amount with a 20 day deadline which was Oct. 12, 2004. My lawyer has yet to receive check and keeps getting and making excuses. I know there has got to be something that can be done yet once again my lawyer is not representing me to good. When this is over which is the only reason I signed agreement I will file a complaint with Fla Bar. I've had to be told to shut up and listen to his vulgar mouth for 3 yrs now and I'm still getting nowhere. My question is since they didn't and haven't complied with stipulation agreement can't that make it nule and void or atleast shouldn't they have to pay penalties? Please tell me what should be done as it seems my lawyer don't have the foggist idea how to handle this. I have been left totally disabled and lost everything which is the only reason I agreed to this petty amount. Thanks,
Sincerely,
FlaSunshine
 


R

ResIpsaLoquitur

Guest
Delay in payment

I'm sure your situation is frustrating, but it would help if you calm down.

Regardless of what was signed, your attorney cannot pay you until they pay him. And from your description of your relationship with him, I'm sure he wants to pay you as soon as possible. (You say "you" signed it: did the other party actually sign it? Or was it sent out to them for signature?)

You don't say where this money is supposed to be coming from. If it is an insurance company, you will receive what they agreed to pay you. Twenty days is unrealistic if you're dealing with a large insurance carrier.

If it is from an individual, many things may have happened: none of which you or your attorney has any control over. If the party has not voluntarily been in communication with your attorney with an explanation - or if he has been unable to reach them - they may still plan on fufilling their obligation but may have encountered problems obtaining the money to do so. Or they may have no intention of paying you and are commencing a bankruptcy or they may have been hit by a bus.

If the agreement you signed was well-prepared, it will include consequences for the party that fails to comply with it - interest, penalties - whatever. Read it. But the bottom line is: if they don't pay you, your ultimate recourse is to proceed with the suit that the stipulation agreement was supposed to settle.

I'd wait on that report to the Florida Bar if I were you.

RIS
 
F

FlaSunshine

Guest
Thanks

Thanks so much for your reply. Calming down has been done for the past 3 yrs since I've ended up with RSD, Neuropathy and B12 defiancy from this accident where the Co.'s lawyer took full responsibility at the mediation.
Being a single parent of two and suffering as we have helped me to decide to take this stipulation agreed upon. The lawyer for the Co. and the mediator and I signed the agreement on Sept. 22. The money is coming from an insurance co and they sent one 10 days for $50,000 to much. My attorney sent check back same day and now 2 weeks later the Ins. Co. still has it sitting on their desk. They state my lawyer's check they returned must of been lost in mail. Well we both know that's the oldest story in the book and all they had to do was stop payment on it. My agreement does not state nothing about consequences for the party that fails to comply with it - interest, penalties - whatever. As we both know the longer this drags out the more attorney fees that are owed for something I don't feel I owe because my attorney has done nothing but make excuses for them. My bill collector's don't accept the excuse I'm totally and permanent disabled now when they call day after day. The finance co. on both my vehicles didn't accept this fact either when they repo'd both my vehicles. I've tried to take things as they are but it's at the point my dr says I need to get rid of this stress which is making my problem worse and that's what I thought I had done. I appreciate you taking the time to answer and will check tomorrow to see why this agreement don't state consequences. Thanks again so much.
 
R

ResIpsaLoquitur

Guest
"Lost check"

Now hearing the rest of what happened, I understand a little better. I know it's frustrating, but please understand that there's a good chance they are telling the truth and believe they have not received the check back - they have no reason to lie about it. There is a significant amount of bookkeeping that needs to be done when issuing; redepositing and/or stopping payment on such a large check: it's not just some flunky sitting around with a checkbook, pen, stamps and envelopes. It's very possible that some formal explanation of the error has to be documented, reviewed and accepted even before the stop can be issued and a replacement check cut. And it took them almost two weeks to issue the first check.

Relief is coming, I am sure. Hang in there.
RIS
 

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