My jurisdiction is: Pennsylvania
On August 25, 2008, I met with a lawyer to discuss filing bankruptcy. I gave her a check for $1299 and she told me what she needed to file. On Aug. 26, I took the credit counseling course that was required and faxed the certificate to the lawyer's main office. I also sent all the necessary information needed: paychecks, amounts on credit cards, account numbers, etc. I spoke to the lawyer once in August on the phone and after that, the only person I dealt with was the secretary. It seems that she had taken over my case, or at least that's the way it appeared, because when I called it was always, "I have your paperwork right here.", "I will send it on to be filed soon." This went on until February of 2009 and I finally received a letter from this secretary saying that it had been filed and here was my case number. I was relieved until a day later, I received a letter from the court saying my case was dismissed because the lawyer or secretary had filed later than 180 days after I got the credit counseling certificate. I called the lawyer, got the secretary, she said it "had laid on the lawyer's desk for a couple weeks, I'm sorry, you'll have to take the course again, we'll refund the money for the course and we'll pay for the filing fee, send me your 2008 taxes and as soon as I get those, I will refile." So, I took the course again, faxed it to her and sent copies of our 2008 taxes. That was March. Now it's going into June and I have only been able to contact this lawyer's office once. The secretary seemed very edgy when I talked to her but gave me the old line, "I'll call you in a week, maybe two." I have called their office multiple times and left messages. This Monday the answering machine said they were closed for lunch (I called three times, they were at lunch all day?). Tuesday the office was closed, Wednesday, the office is closed. Very strange... I spoke to the disciplinary board today and they said the lawyer is still active and the only thing I can do is file a complaint. My husband says to go to small claims and at least get my $1299 back. I just want my bankruptcy over with, collection letters and calls are coming in, I give them my lawyer's number but what good is it if they aren't answering the phone to begin with? Whatever, is this an ethics violation? Do I have cause to file a complaint? Can I win in small claims court?
On August 25, 2008, I met with a lawyer to discuss filing bankruptcy. I gave her a check for $1299 and she told me what she needed to file. On Aug. 26, I took the credit counseling course that was required and faxed the certificate to the lawyer's main office. I also sent all the necessary information needed: paychecks, amounts on credit cards, account numbers, etc. I spoke to the lawyer once in August on the phone and after that, the only person I dealt with was the secretary. It seems that she had taken over my case, or at least that's the way it appeared, because when I called it was always, "I have your paperwork right here.", "I will send it on to be filed soon." This went on until February of 2009 and I finally received a letter from this secretary saying that it had been filed and here was my case number. I was relieved until a day later, I received a letter from the court saying my case was dismissed because the lawyer or secretary had filed later than 180 days after I got the credit counseling certificate. I called the lawyer, got the secretary, she said it "had laid on the lawyer's desk for a couple weeks, I'm sorry, you'll have to take the course again, we'll refund the money for the course and we'll pay for the filing fee, send me your 2008 taxes and as soon as I get those, I will refile." So, I took the course again, faxed it to her and sent copies of our 2008 taxes. That was March. Now it's going into June and I have only been able to contact this lawyer's office once. The secretary seemed very edgy when I talked to her but gave me the old line, "I'll call you in a week, maybe two." I have called their office multiple times and left messages. This Monday the answering machine said they were closed for lunch (I called three times, they were at lunch all day?). Tuesday the office was closed, Wednesday, the office is closed. Very strange... I spoke to the disciplinary board today and they said the lawyer is still active and the only thing I can do is file a complaint. My husband says to go to small claims and at least get my $1299 back. I just want my bankruptcy over with, collection letters and calls are coming in, I give them my lawyer's number but what good is it if they aren't answering the phone to begin with? Whatever, is this an ethics violation? Do I have cause to file a complaint? Can I win in small claims court?
