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court judgement not kept by lawyer who droped his client

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Old Feb 5th, 2008, 02:53 PM     #1
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Angry court judgement not kept by lawyer who droped his client

After reachiing a settlement in small claims court the defendant and her lawyer both failed to return all the items they promissed they would in court.
Now when i call the lawyer and ask him when they will return the rest he says that he no longer represents the defendant because she didn't pay his fee. So i asked him for the defendants phone number and he says its been disconnected and he won't give me her address saying he doesn't know how to find her. So I talked to the people at the small claims court and they said i could reopen the case.
So i called the lawyer back again and left a message telling him that if i didn't get the rest of the items i would hire a lawyer to reopen the case and charge the defendant with theft. That was a bluff because i have no money for legal help. That night the lawyer called me and said the defendant's brother had called him and said they didn't remember the missing item but they would look in their safety deposit box just in case it might me there and he would call me back. The lawyer said he still did not know how to reach the defendant. What no caller id??? Its been three days and no phone call from the lawyer.

My questions: 1 can a lawyer just quit on a lawsuit he handeled in court?
Can I server papers on the lawyer for the defendant advising them of reopening of the case sense i have no way of finding the defendant to server papers on her? I seems very strange that the lawyer said he did not know how to find the defendant until i left him the message saying i would be forced to file grand theft charges for ($6,500) item that the defendant just happened to forget to return. After my phone message the defendant's brother just happened to call the lawyer whom they owed money to tell him that they would check their safety deposit box just incase they overlooked the $6,500 item that forgot about! Believe me i know what is in my box and $6,500 diamond i would never forget about?

I don't have the $3,500 retainer a lawyer said i would have to pay him first for help in this matter. Please help me if you can.
sincerely, screwed blue and tatooed..
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Old Feb 5th, 2008, 03:05 PM     #2
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Angry Re: court judgement not kept by lawyer who droped his client

Oh I have one last question. If i do get the case repoened by filing A Motion To Set Aside Judgement, will the defendants lawyer have to appear in court and respont or continue the litigation? The people at the small clains court told me it was too late (past 10) to file A Motion To Reconsider, but I could file to set aside the judgemnent for no additional charge. But I am scared to fill becaue I am afraid by the defendant's lawyer. I don't want to get caught in the hallway by him ever again because he was so mean to my Mother and I before. thank you for any advise you have time to give me. I still owe $5000 on the missing item and need to sell it to halp pay off my loan. If I don't get it back i will be ruined.
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Old Feb 7th, 2008, 09:23 AM     #3
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Default Re: court judgement not kept by lawyer who droped his client

You can file in small claaims again to enforce the settlement. Or you can sue again if for some reason your settlement was not part of the court record.
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