Q: I was in a wreck when I was 16 and when I turned 18 I was supposed to receive a settlement in the amount of $220,000
My attorney that was working my case stole my money. He was caught by the district attorney convicted and ordered to pay restitution payments of 100 a month. However he has not paid since 2022. What are my options to get my money?
A:
It sounds like you're dealing with a frustrating and unfair situation. Since your attorney was ordered by the court to pay restitution and hasn't done so, you have some options to enforce that order. You might consider contacting the court that handled his conviction to report his failure to pay and ask about additional steps they can take to enforce the restitution order. Sometimes, the court can take more aggressive actions, such as issuing a warrant for his arrest or garnishing his wages.
You could also look into hiring a new attorney to assist with collecting the debt. They can help you understand whether you might be able to sue the attorney civilly for the unpaid amount, beyond the restitution order. It's important to explore all legal avenues to recover what is rightfully yours.
If you have not already, consider filing a complaint with the state bar association if this hasn't been done already. They might have a victims' fund or other means to provide compensation in cases where lawyers have stolen from their clients. You deserve to get your money back and be made whole after what you've gone through.
A:
Discuss the case with a legal malpractice attorney in your state. The attorney can get determine whether or not is past the time limit to sue. Even if it is not past the time limit to sue, there may be issues of recovery, if the attorney had no insurance and has no assets.
You can also contact a judgment collection attorney to go after the restitution order.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.