Will I be charged a filing fee for a suit that I did not agree to?

[nicolef]

Jurisdiction

California

I was interested in filing a PI suit with a firm. An attorney from the firm left a voicemail (I have it saved), saying, "...it's not a case we would be willing to handle for you but the statute is running so if you would like me to file on your behalf I can." Since I was unable to find representation I did not want to file it and did not return the call to give my permission. The firm sent me a packet repeating they will not represent me and asking if I want the suit dropped. I'm worried they will try to charge me the $500 filing fee. Thank you.

 

[mightymoose]

Have you contacted them and told them "no"?
A little communication goes a long way.

 

[army judge]

I was interested in filing a PI suit with a firm. An attorney from the firm left a voicemail (I have it saved), saying, "...it's not a case we would be willing to handle for you but the statute is running so if you would like me to file on your behalf I can." Since I was unable to find representation I did not want to file it and did not return the call to give my permission. The firm sent me a packet repeating they will not represent me and asking if I want the suit dropped. I'm worried they will try to charge me the $500 filing fee. Thank you.

Be proactive, not reactive.

Before you lay your head upon your pillow tonight, write a letter thanking the firm for its interest in your legal matter, and simply say you no longer have any interest in filing a lawsuit.

You could further explain you were only seeking an understanding of the process so you could make an informed choice.

Thank the firm (or the lawyer by name) for taking the time to explain things to you, and once more reiterate the fact that you have decided NOT to pursue the matter.

Make sure you send the letter by FedEx, UPS, or USPS - Priority Mail (that you will have a tracking number).

You also send a copy of your letter of declination of professional services via telecopier, and email.


If you follow those steps you will have substantive data to rebut any charge the firm might allocate to you.

All the best to you......

 

[adjusterjack]

I'm worried they will try to charge me the $500 filing fee.

If they do, it'll be your own fault.

 

[zddoodah]

Will I be charged a filing fee for a suit that I did not agree to?

There's absolutely zero chance of being charged a filing fee for a lawsuit that hasn't been filed. Has a lawsuit been filed or not?

The firm sent me a packet repeating they will not represent me and asking if I want the suit dropped.

If the firm is "asking if [you] want the suit dropped," that implies that a suit was filed.

If you're unsure if a lawsuit has been filed, call and ask and, if no suit has been filed, make it clear that you don't want one to be filed. Then confirm it in writing.