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My Lawyer is Suing Me for Defamation and Fraud

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csunk

Junior Member
What is the name of your state? California

In 1999 I was in a car accident where my friend was driving. He said his insurance would cover my medical bills so I started going to a chiropractor. His father hired an attorney to help get a settlement from the insurance company. Everything was settled end of 2000. I received a disbursement letter showing how the check from the insurance company would be disbursed. I received my portion of the check and thought the lawyer had disbursed the rest.

Years later I started receiving letters from a collection agency representing the chiropractor. Apparently, they never got paid. I tried to contact the attorney but was told that he was no longer there. I did not know how to contact him. I looked him up in the state bar but there was no contact information. I had no choice but to contact the CA state bar to file a complaint against him.

The case with the state bar was dropped after the attorney paid the collection agency and settled the case. Last night I got served with papers from the attorney that he is suing me in small claims for general damages for fraud and defamation. I'm not sure what to do from here. The state bar sent me a copy of the check the attorney supposedly sent me to pay the chiropractor. It has my signature on it with my driver's license # but it was not deposited into my own bank account. I never received that check and I certainly never signed the back of it. I requested copies of statements from my bank that shows I never deposited that check. The back of the check is stamped with the attorney's bank name, not mine. I'm not sure what is going on. I know the attorney is just trying to scare me into giving him some money - $5000 to be exact. I'm just so enraged...
 


stephenk

Senior Member
the attorney is claiming he sent you a check so you can pay the chiropractor directly? Did you go to this chiropractor at the referral of the attorney? Does the signature on the back of that check really your signature or looks close?

what's the attorney's name?
 

csunk

Junior Member
that's what my legal advisor at work said. he said this guy is a real coward and he said the exact same thing - his rep is only worth $5000???

the signature on the back of the check looks like mine but i am sure i did not sign it. the writing underneath it is definitely not mine and the bank account # is not mine either.

i have also been getting letters from the collection agency for my friend, eric, who was also in the accident and was in the same situation. i called the collection agency and they told me that the attorney told them that he sent me a check to pay for mine and eric's bill. does that even make sense? we had 2 separate cases going on. i lost contact with eric so i don't really know what eric's situation is now. so the collection lady thought i was eric's mother or else why would he send me money to pay for eric? eric is 26 years old and i am 28. ridiculous...
 

dallas702

Senior Member
Pretty simple, really. If the check has the deposit stamp of the attorney's bank on it, then he deposited it. If you can show that the signature is absolutely not yours he is guilty of fraud. That's worth waaaaay more than $5K to the life of an attorney.

Did the attorney or anyone related to the case get your DL# at some point in all these negotiations?

And, NO....the attorney would have absolutely no reason to send you a check to pay your friend's bills. That further confirms my thought that this "attorney" has defrauded both of you, the chiro, and probably the insurance co. You need to take this info to the DA's office.

Or, you can wait until you go to court. Show the judge your evidence and he/she should take the matter to the DA right from the bench.
 
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stephenk

Senior Member
you should also file anothe claim against the attorney with the Bar. I am sure they would be interested in this check he suddenly found.
 

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