Truth or Lie

bfu · Feb 9, 2011

What is the name of your state (only U.S. law)? SD
I posted earlier and received answer for one of the several questions I had. I need to know where I stand with this lawyer, I have concerns.

Filed a lien, won. Check mailed to lawyer. The check was made out to me, me only. Lawyer stated the check has to go through his trust account that is the only way I will receive my money. I responded it’s made out to me why can’t I take it. He said no, it has to go through his trust account. I have worked with this lawyer on a previous matter in which, no contract was signed; no contract was signed this time either. He billed, I checked it, I paid. I trusted him and so when he told me I had to sign the check over I did. It’s now been a month and I can’t seem to get my money. All the papers for satisfaction etc were filed over 3 weeks ago. I haven’t even got a response from him. Of course I have more questions like how do I get my money, but I need to know where I stand with him right now.
Did my lawyer tell me the truth about signing the check over to him? Is it law that was the only way I can receive my court settlement money? Is there a waiting time I'm not aware of?

Rhubarb297 · Feb 12, 2011

bfu said:
What is the name of your state (only U.S. law)? SD
I posted earlier and received answer for one of the several questions I had. I need to know where I stand with this lawyer, I have concerns.

Filed a lien, won. Check mailed to lawyer. The check was made out to me, me only. Lawyer stated the check has to go through his trust account that is the only way I will receive my money. I responded it’s made out to me why can’t I take it. He said no, it has to go through his trust account. I have worked with this lawyer on a previous matter in which, no contract was signed; no contract was signed this time either. He billed, I checked it, I paid. I trusted him and so when he told me I had to sign the check over I did. It’s now been a month and I can’t seem to get my money. All the papers for satisfaction etc were filed over 3 weeks ago. I haven’t even got a response from him. Of course I have more questions like how do I get my money, but I need to know where I stand with him right now.
Did my lawyer tell me the truth about signing the check over to him? Is it law that was the only way I can receive my court settlement money? Is there a waiting time I'm not aware of?

Jesus, just sign the check over to the lawyer and let him pay you. You're not claiming he didn't do any work did you? Why are you making such a big deal about this?

justalayman · Feb 12, 2011

Rhubarb297 said:
Jesus, just sign the check over to the lawyer and let him pay you. You're not claiming he didn't do any work did you? Why are you making such a big deal about this?

I think he already has:

I trusted him and so when he told me I had to sign the check over I did. It’s now been a month and I can’t seem to get my money.

and I believe the concern was that he had already paid the attorney:

. He billed, I checked it, I paid

but now it's been 3 weeks and the attorney has yet to issue a payment to the OP apparently.

bfu · Feb 14, 2011

Thanks justalayman, the other person should read before reacting.
I did sign the check over to the lawyer which has now been a month. I asked for a meeting and to get my check-after his fees have been subtracted. And no, I am not argueing over the fees. We agreed to a date and time. I showed up 10 minutes early and sat in his office area for 1 hour before he came out. He explained that the law prevents him from cutting me a check, and I will have to wait 60 days . He has to make sure everything is resolved. I told him I went to the court house and saw that all papers were filed on Jan. 17. What is the problem. He ushered me out and told me to call him when its been 60 days and we'll arrange another meeting .
I guess I'll have to wait?

blueturnaround · Feb 20, 2011

bfu said:
Thanks justalayman, the other person should read before reacting.
I did sign the check over to the lawyer which has now been a month. I asked for a meeting and to get my check-after his fees have been subtracted. And no, I am not argueing over the fees. We agreed to a date and time. I showed up 10 minutes early and sat in his office area for 1 hour before he came out. He explained that the law prevents him from cutting me a check, and I will have to wait 60 days . He has to make sure everything is resolved. I told him I went to the court house and saw that all papers were filed on Jan. 17. What is the problem. He ushered me out and told me to call him when its been 60 days and we'll arrange another meeting .
I guess I'll have to wait?

Sometimes, liens, attachments, and other "you owe me money, I'm taking it" legal moves have a wait time before you can take it because the defendant has an opportunity to fight it. Not sure if your state does, but a simple Google search might help....and your lawyer should tell you this if its true. Never talk to an attorney in person if you don't have to.... make a paper trail for everything! Assume anything you say or is said to you...you'll need proof of that the event happened. You'll need it in court if you want a chance.

justalayman · Feb 20, 2011

Not knowing what all happened, there may be some statutory period allowed for appeals or for interested parties to file a claim against an award.

I do not know if either are applicable but it wouldn't surprise me to see some period of time at least suggested if not mandated to wait before disbursal.

While it often pains one to wait, sometimes that is all you can really do.

Truth or Lie

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bfu

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