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What Can I do? Law Office Dropped the Ball

Glendale, CA |

I live in California. I retained a bankruptcy law office to file BK, Chapter 13. However, after looking at my info, they suggested debt settlement. They were working on only ONE 3rd party creditor and had only begun the process. I sent them documents needed: paystub, letter of hardship (my husband has MS) and a bank statement. She said they received and were waiting to hear back. I sent an email with some questions, but didn't hear back. I assumed she was still waiting for word. Come to find out, this woman had gone out on maternity leave, and dropped the ball entirely. 6 weeks later, they started wage garnishment - they are taking almost 1/3 of my pay. What kind of recourse do I have for this complete negligence?

Attorney Answers 3


  1. Best answer

    Find a different attorney and start the process over again. A bankruptcy may be better than a debt settlement, but you should talk it over with an attorney who will do a better job of customer service.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC


  2. Your situation is 2 fold. 1. Find a competent attorney to file your bankruptcy case and 2. potentially file a malpractice matter against the first attorney. We do both in our office.

    Most important for you is to file bankruptcy so that your wages do not get garnished any further. If you'd like to set up an appoint, we can talk to you today.

    949-333-5921.

    Attorney's response is not intended as legal advice and is intended for informational purposes only. Attorney's response does not create an attorney client relationship. Inquirer should seek the advice of a duly licensed attorney within that particular jurisdiction.


  3. Your more immediate concern here is what to do with the creditor. It is unclear as to how in 6 weeks time they were able to get a wage garnishment because usually a credit card company must file suit and get a judgment that can lead to a wage garnishment, which takes longer than 6 weeks time. Were you already being sued? Did you know about the lawsuit? You may have some available legal defenses. Feel free to contact me, we are 100% debt settlement attorneys and can help you settle the debt.