Atty sent several emails documenting that if we are able to provide documentation of missing payments for a debt collection she and the hoa would review and give proper credit. We spent hours finding and producing this documentation from our bank. Once we submitted the evidence the atty comment was that does not bring your balance to zero with out any detail of any new balance once the bank records were submitted. Can we go into court to claim bad faith. Can we ask for punitive damages. We want to correct a debt where previous payments was not given credit.
Consumer Protection Attorney
Avvo is a very poor substitute for retaining an experienced attorney to evaluate your options. What may look like bad faith from your perspective, may be the zealous advocacy in favor of the attorney's client that bar rules require. I suggest that you have all of your documents reviewed by counsel. There is a possibility that a claim can be made against the HOA and/or the attorney; however, without a thorough review, there is no way that any attorney could offer a meaningful response to your question.
Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.
What evidence do you have that the attorney, and not the client, is the person acting in bad faith? Hope this perspective helps.
You should consult with an attorney regarding your case. They will be able to go over your case and show you what you may be missing or help you in your efforts to file a claim, either way there is not enough information regarding your situation to determine / suggest that you have a claim against anyone. Consult with an attorney, many offer free consultations. Good Luck!
The asking of and answering general questions does not establish an attorney-client relationship. Please consult with an actual attorney in your local area before deciding on a course of action.