This Attorney says my husband still owes for services. Ok, fine, call him. But He keeps calling me at work, now says he is going to the judge on a closed case and make sure my husband gets jail time. Then another call, He says to pay him or he'll make sure my kids go to foster care for not paying this bill. The bill is for a traffic ticket case and the balance owed is like $200. Point is I dont know anything and this person is making threats to me and my kids. Is this for real? What are my options, Im scared!
2007-08-01 08:03:32 · 12 answers · asked by Kristine E 2 in Politics & Government ➔ Law & Ethics
easy, record the conversation. He has to be smarter than to leave a message on voicemail, if hes not then he can't be that great of lawyer. call the local bar, attorney general,
2007-08-01 08:08:13 · answer #1 · answered by Kraze 2 · 0⤊ 0⤋
I found this question funny. The attorney must think your all pretty stupid to fall for all that crap. Ok, lets clear things up. If an attorney, or anyone else, want to collect this measly $200 you owe them, they would have to take you small claims court. In court, they would have to prove that you indeed owe the debt, and that you are not making any effort to repay the debt. Having proved that, they could be awarded a judgment for the $200. They could then garnish your wages until the debt is paid. They could place a lien on any property you may have. Although for only $200, its not worth the effort on their part.
Let me say this clearly. Nobody is going to jail for failing to pay a $200 attorney bill. Nobody's kids are going to foster care over a $200 attorney bill.
Tell the attorney that you will pay him $50 a month. He may not like it, but any judge will look at that and say that your trying to make restitution.
2007-08-01 08:14:05 · answer #2 · answered by Evan S 1 · 0⤊ 0⤋
In a community property state, you can technically be held liable for your husband's debts that he acquires during your marriage, but that doesn't give anyone the right to threaten you. A lawyer, especially, should know better.
Furthermore, no one can go to jail or be threatened with jail over a debt -- that's called debtor's prison, and we got rid of that like, back in medieval times. Your husband can't go to prison for owing another citizen money -- whether he's an attorney or not. The worst he can do is take you to small claims court, and he knows it.
Call the police to get a restraining order preventing him from contacting you, and make a police report of the threats. Then tell your husband to pay him.
2007-08-01 08:10:18 · answer #3 · answered by Hillary 6 · 0⤊ 0⤋
Tell him that you are recording the conversation for the District Attorney per their instructions to you when you called their office to report him the last time he called you. Then tell him to go to hell. he can't do a thing to you, that is why he is calling you, it is a half-hearted attempt to collect a debt he knows he can't collect. Yes you should call the local Bar Association and District Attorneys office. You have nothing to worry about
2007-08-01 08:12:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If the attorney is acting to harass, or threatening malicious prosecution, that's an ethical violation and you should report him to the state bar disciplinary board.
If the attorney is trying to collect a debt -- then you can simply notify him to stop calling you pursuant to the federal laws that cover debt collection.
2007-08-01 08:08:44 · answer #5 · answered by coragryph 7 · 2⤊ 0⤋
Immediately report this attorney to the bar association of the state in which you live. He has no right to do what he is doing and is actually breaking his ethics code of conduct. You could have him disbarred.
Would be great if you had some evidence to back it up, recordings, witnesses etc...
2007-08-01 08:08:28 · answer #6 · answered by RedsForever 3 · 0⤊ 0⤋
IF he is a lawyer, he should KNOW that it is ILLEGAL for him to call ANYONE at work and harrass them or threaten them for payment of a bill....in fact it's illegal for ANYONE (bill collectors INCLUDED) to call and harrass anyone at work or THREATEN them. I would definitely call the State Bar Association for your state----thing is---when the chips fall, it will be YOUR word against HIS so try to get some sort of DOCUMENTED PROOF... for example, on your HOME COMPUTER write him an email pointing out that he has called you numerous times at work making threats and harrassing you for the payment of your husband's debt....then see if he replies IN AN EMAIL.... whatever he says IN WRITING is admissible evidence for the Bar Association... Also, it's only for $200 so why doesn't your husband just PAY the darn thing...simple as that.
2007-08-01 08:21:13 · answer #7 · answered by LittleBarb 7 · 0⤊ 1⤋
You need to call the state bar association in the state where you live and ask for the disciplinary division. Tell them who this attorney is and everything he has said to you.
2007-08-01 10:58:12 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Report him to the ethics committee of your area. Also, tell him to F off and stop calling you. If he calls have someone else listen in so you have a witness. Get another lawyer to sue him.
2007-08-01 09:07:59 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Contact the state and local bar associations and report him.
2007-08-01 08:10:25 · answer #10 · answered by Anonymous · 0⤊ 0⤋