how to sue a bankrupty attorney for delaying tactics

Usually, the demurrer has no merit, but the Landlord’s attorney must file a written opposition and appear at Court for oral argument. Again, most judges will deny the tenant’s demurrer and order the tenant to file an answer within five days, but the effect of the demurrer is to delay the case another 2-3 weeks. Bankruptcy

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How can a lawyer delay a court case?

Feb 10, 2016 · How To Fight Civil Lawsuit Delay Tactics. The widow of the Hoboken attorney slain during this carjacking filed a civil lawsuit against Universal Protection Service (a California-based security company), and Taubman Centers, Inc. (the Michigan-based company that owns the mall where the attack occurred.) She claims that her husband’s death ...

Can I Sue my Bank to stop foreclosure?

For your new lawyer to get up to speed on the case; Unless this trick has been used more than once. A court is often inclined to grant this motion for continuance. How to Combat Your Spouse’s Delaying Tactics. Depending on the case, there are different things that can be done to combat delaying tactics.

What are some common delaying tactics in a divorce case?

Answer (1 of 10): I will answer this question from the perspective of a defendant who is facing a likely judgment. Delaying an Inevitable Judgment There are some techniques that may be used to delay entry of a judgment against a client even if the client is …

How can I stop or delay a foreclosure?

Apr 12, 2018 · When it comes to civil trials involving personal injury law, the defendants and insurance companies are quick to use tactics that would allow them to pay out the lowest amount possible to the plaintiff.One of the most common tactics used is the attempt to delay the process through extended discovery, motion to dismiss a complaint, motion to change forum, or …

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Why do lawyers use delay tactics?

One common defense tactic in litigation is delay. ... The delay tactics start the moment the suit is filed. First, insurance defendants seek a lengthy extension of time to file a responsive pleading. Then, the insurer will demur to the complaint.

What to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

What is prejudicial delay?

prejudicial — prej|u|di|cial [ ,predʒə dıʃl ] adjective FORMAL 1. ) harmful to someone or something: prejudicial to: The delay is likely to be prejudicial to the child s welfare. 2. )

What is a sneaky plaintiff?

A "sneaky plaintiff" is one who is attempting to circumvent the limitations on diversity jurisdiction. - if the anchor claim is a federal question claim, there is not concern with sneakiness and you should go straight to Step 3.

What can you do if your lawyer doesn't respond?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.Sep 27, 2018

What does it mean when your lawyer doesn't call you back?

So often when a lawyer does not return your call for a few days it may simply mean your lawyer is busy getting some important work done in your case or in another client's case. There is nothing going on with your case.May 9, 2018

How long should I wait for my attorney to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

David C Jones

In Virginia, you only have a $5,000 homestead exemption. Normally, you can use this amount to protect a tax refund, cash in the bank, etc. If your assets exceeded $5,000, it may not have been possible to protect them all.

Warren Vincent Norred

The sad reality is that these rules change regularly. What he told you initially may have changed along the way. The bankruptcy trustees really do amend the rules, often without much input from the attorney bar. I'd talk to another bankruptcy attorney or trustee and get all the facts on the issue first.

James Portman Webster

This is not going to be a clear cut malpractice claim for you. Why? This is a he said she said situation.#N#Your statement will be that he promised refunds - not in writing...

Walter C Oney Jr

Before suing or contacting a malpractice attorney, I suggest you file a formal complaint with the Virginia State Bar at www.vsb.org/site/regulation/inquiry.

Dorothy G Bunce

You should contact an attorney in your community that handles legal malpractice about this matter. There are too many unanswered questions to say whether or not you have a good case against this attorney.#N#Hope this perspective helps!

John Gerth Merna

You may have a case but I would need a little more details. Please e-mail me below to determine if it is possble.#N#Look foreward to hearing from you...

How long does it take to get a case set for trial?

The Court is required to set the trial within 20 days of receiving the request for trial.

What is a motion to quash?

On some occasions, the tenant will file a Motion to Quash in which the tenant says to the Court that he or she was not properly served with the summons and complaint so that the case should be dismissed.

What happens when you file for bankruptcy?

Once you file for bankruptcy, something called an " automatic stay " immediately goes into effect. The stay functions as an injunction prohibiting the bank from foreclosing on your home or otherwise trying to collect its debt. So, any foreclosure activity must be halted. The bank may file a motion for relief from the stay.

How long before a foreclosure can you file for a loss mitigation?

Under federal law, if a complete loss mitigation application is received more than 37 days before a foreclosure sale, the servicer may not move for a foreclosure judgment or order of sale, or conduct a foreclosure sale, until:

How to stop foreclosure sale?

If a foreclosure sale is scheduled to occur in the next day or so, the best way to stop the sale immediately is by filing for bankruptcy. The automatic stay will stop the foreclosure in its tracks. Once you file for bankruptcy, something called an " automatic stay " immediately goes into effect.

Which states have a dual tracking law?

California, Colorado, Nevada, and Minnesota, for example, have each passed a Homeowner Bill of Rights that prohibits the dual tracking of foreclosures. Servicers generally must make a decision to grant or deny a (typically) first-lien loss mitigation application before starting or continuing the foreclosure process.

Can a bank stop foreclosure?

If your bank is using a nonjudicial process to foreclose — where the foreclosure is completed outside of the court system — then you might be able to delay or stop the foreclosure by filing a lawsuit against the bank to challenge the foreclosure. This tactic normally won't work if the foreclosure is judicial because by the time ...

Can you delay foreclosure?

While you can't wait until the very last minute with this option, you might be able delay a foreclosure by applying for a loan modification, or another foreclosure avoidance option, because the bank could be restricted from dual tracking.

Can you save your home if you are behind on your mortgage payments?

If you're behind on your mortgage payments and a foreclosure sale is looming, you might still be able to save your home. You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely, or at least delay it. If you have a bit more time on your hands, ...

How to speed up divorce?

For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...

What happens if you don't respond to a divorce petition?

Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.

How long do you have to wait to get divorced?

For example, in many states there’s a mandatory waiting period in a contested divorce. That period can force a couple to wait anywhere from 30 to 90 days from the time they submit their divorce paperwork to when the judge will sign off and grant the divorce.

How long does it take for a divorce to be uncontested?

However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.

Motion to Quash

• On some occasions, the tenant will file a Motion to Quash in which the tenant says to the Court that he or she was not properly served with the summons and complaint so that the case should be dismissed. The obvious question is how does the tenant know about the unlawful detainer case if they not have a copy of it? Most judges will deny the tenant’s motion and order the tenan…

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