I want to sue a debt negotiator for not keeping his contract and not giving me back my $10,000 (for the debt)back. How?

i went to a debt negotiator-he was legit.Gave 10K to negotiate-had a contract written up that he would deposit debt monies into a "client trust account". He notarized it. I also have the cancelled checks. After about 6 months he has not done anything for me in terms of negotiating down my debt. I am asking for the monies back. It has been 6 weeks and he keeps saying Money is coming soon...

Pasadena, CA -

Attorney Answers (3)

Pamela Koslyn

Pamela Koslyn

Business Attorney - Los Angeles, CA
Answered

I'm not sure this is a legit debt negotiator, under these circumstances, and an unexplained 6 week delay in returning your money. You probably need to sue in Small Claims court (and waive the overage above the Small Claims $7,500 maximum)or in Superior Court for all of it, or at least threaten to sue.

You may have other remedies in your contract as well, as legal fees to the prevailing party in a dispute, which suggests that you should hire a lawyer and sue in Superior Court.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Robert Harlan Stempler

Robert Harlan Stempler

Debt Settlement Attorney - Woodland Hills, CA
Answered

The first link, below, is directly to my legal guide on Avvo about the scams being perpetrated against consumers, known as debt negotiation or debt settlement companies. Even a few misguided lawyers have decided to explore the scam against consumers. There are a few examples in my legal guide, which is based on a report to the Senate by the Government Accounting Office.

When they said the "money is coming soon," if it were held in trust, then all they need to do is write a check and mail it to you or have you come in to pick up your check. This leads me to believe that your money has been spent on other things by this company and the only way you may get a refund is if they get the funds from some other victim. You need to hire a lawyer to sue this company for a refund and even then it may be difficult to collect the judgment. Please be sure that you file any lawsuit within the applicable statute of limitations period.

Donald Jack Davis

Donald Jack Davis

Bankruptcy Attorney - Greenfield, IN
Answered

You can always sue in small claim and ask for your money. If not contact in 6 months then there is a problem. Some creditors really don't negitiate until they hire collection agency so it does take some time, but if promised certain results and not met then sue for you money back. Could may allow some money but most will likely be returned.

NOTE: Comments above are an opinion based upon facts stated and not to be deemed legal advise. You may wish to contact the lawyer of your choice for legal advise.

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