How to recover fees paid

I live in Maryland and back in July paid $185 for court costs and $600 legal fees to a law firm to file chapter 13 bankruptcy. After receiving the drafted petition in the mail (never met the attorney in person, all business was conducted by phone or mail), I decided not to go through with the bankruptcy. I have written 2 letters requesting at least the court costs back and can get no response from the attorney handling my case.

I wrote to the attorney grievance commission in Maryland, and they suggested I either sue him in small claims court or write another letter to the fee arbitration division in Baltimore county.

What do you advise? It's been 4 months that they have had my money and no one will call me back or respond to my letters. I just can't see winning a small claims suit in court against an attorney - could I possibly win?

beedog said:

I live in Maryland and back in July paid $185 for court costs and $600 legal fees to a law firm to file chapter 13 bankruptcy. After receiving the drafted petition in the mail (never met the attorney in person, all business was conducted by phone or mail), I decided not to go through with the bankruptcy. I have written 2 letters requesting at least the court costs back and can get no response from the attorney handling my case.

I wrote to the attorney grievance commission in Maryland, and they suggested I either sue him in small claims court or write another letter to the fee arbitration division in Baltimore county.

What do you advise? It's been 4 months that they have had my money and no one will call me back or respond to my letters. I just can't see winning a small claims suit in court against an attorney - could I possibly win?

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My response:

If I am gleaning correctly from your post that the pleadings were never filed with the court, prior to your cancellation, then yes, you are entitled to costs not used.

If the attorneys cannot prove that they used your cost money, then you'll win in Small Claims court. Remember, attorneys bleed also, and put one pant leg on at a time, just like you do.

IAAL

Thank you

I still have the petition he had drafted for my chapter 13 - I never signed and returned it to him. Guess I'll head down to the courthouse and file in small claims.

Should I notify him that this is the next action I am taking? Or just go file?

My response:

You've already written and demanded your money. No response.

Just file your Small Claims complaint and have the Sheriff serve it.

IAAL

Thanks again.