is my lawyer lying when he told me my settlement $ would have 2have his name on the account because im illigal

Answer 1

Yes, he's likely lying as to the reason. If he is a solo practitioner, DON'T LET HIM DO IT! Few state client protection funds provide much indemnity for client money stolen by lawyers. That he has (as he is required to do) a client trust fund does not much protect you against loss; and what would that change in terms of "making a check out to an 'illegal'". (A larger firm with several partners is far less likely to engage in mischief with client funds.)

If he is trying to protect his share, then the check can be made out jointly. If you don't have a social security number, file an IRS form W-7 and get an ITIN and you can open a bank account. Or your money can be wired to an account abroad.

There are very few instances where being "illegal" matters in this sort of thing, and the main one is if you are illegal for more than a year and your foreign driving license is no longer valid for driving in the USA and so you're uninsured: http://snurl.com/uninsuredalien (denial of rights in such case to claim for non-economic loss under California law)

Answer 2

It is normal for a settlement check to have both the claimant's and his attorney's name on it as co-payees. And it is normal to deposit it first into the attorney's trust account to allow the attorney to make necessary disbursements to doctor's, court reporter's, witnesses, etc., before paying the net amount to the client.

At the end of the year the defendant company or insurance company that paid the settlement will issue an IRS 1099 form for each such settlement check telling the Internal Revenue Service to whom they paid the money. If you are in the US illegally and using someone else's or a fictitious Social Security number, it is probably to your benefit that your name not appear on the check & a 1099 not be submitted containing whatever SS number you are using.

Answer 3

Two different types of accounts may be involved. First, there is the client trust account, which is usually where the money is initially deposited. Then there is your personal bank account (see Andy's answer above) which is where the money ultimately ends up.

Depending on the appropriate laws and court orders, the check may need to initially be made out to the attorney, as trustee, and deposited in the trust account, out of which he pays you. That's common practice in many states. But you can always ask the court to clarify the order of payment, so there is no confusion and to eliminate any possibility that the attorney is trying to pull a fast one.

Sadly, it's the few unethical attorneys out there making the news that give the rest of the profession a bad name.

Answer 4

maybe, maybe not. I don't know enough detail to say, but I had a settlement once. The lawyers always have the money come into their escrow account, and then write you a check from that. It's like an insurance policy so that they get paid. My lawer did that, and the ones I work with do that. It's not wrong or illegal.

Answer 5

The easiest way to know when a lawyer is lying is to watch for his lips to start moving.

Answer 6

Normally if your attorney is paid on a percentage, the attorney has the money put under both names so they make sure they get thier share.

Answer 7

We don't care, as you probably sued some American with some TV lawyer, so take your a s s
back to mexico and find something to do there.

Answer 8

Probably. He is just trying to steal your money. But since you admit to being illegal, why don't you go back to your own country?

Answer 9

yes

Answer 10

i don't know the law consult another source !