What Can I do? Law Office Dropped the Ball

Asked about 2 years ago - 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. Matthew Erik Johnson

    Contributor Level 17


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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... more
  2. Arash Shirdel

    Contributor Level 14


    Lawyers agree

    Answered . 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.


    Attorney's response is not intended as legal advice and is intended for informational purposes only. Attorney's... more
  3. Vivian Ming Lum

    Contributor Level 5


    Lawyers agree

    Answered . 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.

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