Not sure what to do

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dustyaz2

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I am not sure if I am posting to the right location but we sure need help and fast

Not sure what to do

We live in Arizona.

My husband was served papers on a credit card debt (an old one) in the end of Jan this year.
It did not list me, but as Jane Doe, The credit card in consideration was one that had already been through arbitration and a judgment entered.

We had tried to file against the arbitration and hired a lawyer who did not file time leaving us not knowing what to do.
Then in Jan this year the law firm comes after us for payment, we contacted another lawyer and we explained what had happened last time,she said she would help us get our money back from the original lawyer and also file the paperwork for the judgment. She understood when we met with her that she only had four days to prepare and told us what she would do and asked for $1000. which we paid.

She assured us she would file and on time. She said she would email each of us a copy the following week.
I called the following Tuesday and she said Monday was a court holiday and she was filing then.
I never got the email so I called a few days later and she said sure she would get them in
We called the following week and left three messages for her. The following week I got a hold of the secretary and asked if she would be able to talk to the attorney and mail them to us regular mail.

Each time I expressed how concerned we were after our last experience and that it be timely and how nervous we were.

I caught her about once a week and without being nasty I reiterated that we were very concerned that it was filed. Yes she had done it and no she hadn't heard back

Finally I point blank asked her two weeks ago to email it now and had she really filed it/?
I went on line and found the following at the court something about an affidavit and of default, to me if I read that right, she has never filed.

I have her on tape saying she did and still I have never gotten a document or email
We paid by check, should we charge back the check it was $1000.
We contacted the Arizona bar and have left several messages there, One lady called and confirmed our number and that was two weeks ago, at this point we are afraid of paycheck garnishment and our are bank accounts being emptied. The Az Bar has not called back.

What do We do?

Cancel the check?
Grovel at the creditors?
Sue the attorney and make her pay the fees ?
Sue her for damages?

+ Help please!!!
What do WE do?
dustyaz
 
I'm sorry to hear about your problem:

(1) If a hearing occurred and a judgment entered on the debt in question already occurred, then you should send a letter in writing, certifiable, that the judgment rendered a second time is not valid. Something tells me I'm not getting the whole story and could it be that in this early case it was entered against one party, e.g. your husband, and the second time against you? If the judgment is not valid (and I stand corrected!) then you should send a certified letter to the law firm explaining all of this, with copies of the judgment, making sure you state that the debt is not a valid debt because it does not exist.

(2) Regarding the attorney... I don't know what to say. If you paid money and the attorney kept it and isn't returning your calls, then your remedy would be to file a complaint with the bar formally. I assume you've already written letters to the attorney about this issue and have a retainer agreement and some proof of the gross negligence and attempt at resolution? This may be in the form of correspondence. Speaking to people at the bar won't get you anywhere. Filing a formal complaint will. You should be able to find it on the web site of the Arizona State Bar Association. Whether you want to file a case for damages is your own issue but if you want retribution, potential disbarment and sanctions will give you the desired effect.

I wish you the best of luck and am sorry to hear about your predicament.
 
Now what do we do

Part of the problem, in trying to explain what the papers are from before, is that the lawyer kept all my papers.
I went to the Arizona Bar and I am going to file against her.
I have her on audio tape stating she filed and that she would send the info to us right away.

If I had the paper work, I think It would help. The first time this was sent to arbitration it was sent in my husbands name , now this time they have me listed, but as Jane Doe

I am madly scrambling for any kind of paper work to verify this stuff . and then I will do as you said.

dustyaz2
 
For future reference: Always keep copies of any legal documents or financial papers before turning them over to anyone else.
 
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