ComplaintsforRauser & Associates Legal Clinic Co., LPA

• Initial Complaint

  04/13/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  My husband and I thought we could declare chapter 7. We were told we had to do 13. We didn’t want to so we asked for a refund. They didn’t do anything for us and still haven’t received any of the $1000 we paid them. Its been 3 weeks and i've called the cleveland office multiple times but no one gives me a straightforward answer. tried to email the supposed manager that handles this named Brian but the email wont be accepted. It keeps being sent back. Never heard of such a thing. They hold onto people’s money. Just give us our money back.

  Business response

  04/24/2024

  We are in receipt of the complaint ******** ***** filed with your office. We appreciate the financial concerns that Mr. & Mrs. ***** have experienced. At the time they elected not to close their file, their bankruptcy petition and schedules were fully prepared, however, after appointments on 7/18/23, 3/12/24, and a final appointment on 3/28/24, it was determined that the historical income remained too high to qualify for a Chapter 7 at that time. As per their request the file has been closed and a refund check has now been mailed. We apologize for any delay in issuing a refund of fees; our office had an employee out on medical leave. We do not show any missed correspondence in our records, and perhaps the attempts to email bounced back due to having the email address incorrectly entered. We apologize for any inconvenience or inadvertently missed communications. 

• Initial Complaint

  01/28/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  This business was contacted by me last year to no resolution. This business entered into a contract with my elderly mother and stepfather. This business continues to add fees and terms to the contract, threatening to take their possessions, home and car. This contract was due to end February 2024. Last week my elderly parents were again told they need to pay 1100 for another 4 months. The attorneys are not paying the "incidentals" because of additional fees they took out. My mom's car has been paid in full for a year and they won't give her the title. When my parents ask for a statement or reaso , non is given. When I called last year seeing clarification on behalf of my elderly mothers account, I find out they added over 1000 to her account to "consult" with me. We seek itemized description of where their money has been applied and what is due/why. This should not incur additional fees.

  Business response

  02/02/2024

  We are in receipt of the BBB complaint filed by ******* ****** (ID# ********). Ms. ****** is not a client of our law firm, and is not listed as a person to whom, **** and **** ****** have given permission to release information to. We show no record of any missed calls from Ms. ******.
  
  All assertions Ms. ****** raises in her complaint are unfounded, untrue, and completely without merit. Our office has made and continues to make every effort to see the *******’ Chapter 13 case through to completion. As the court docket reflects, the Chapter 13 case has been up for dismissal several times due to ongoing under-funding of the court plan. Plan payments in a Chapter 13 case are made directly to the office of the Chapter 13 Trustee, with the Trustee making disbursements as per the terms of the Court ordered Chapter 13 Plan. Fully funding the plan is required and critical to retaining real estate, vehicles, and possessions that are included in the Chapter 13 Plan. When payments are not remitted in full, as is the case here, the Trustee is unable to make payments on creditor claims. We assume that this is what Ms. ****** is referring to as “incidentals” not paid. No fees or terms have been added to their contract. We appreciate the *******’ financial concerns, however, due to their inability to remit full payments to the Trustee, payment arrears have continued to accrue.  
  
  Although the *******’ plan is currently more than 15 months over the 60 month time limit provided for by the Bankruptcy Code, our office was able to obtain an Agreed Order with the Chapter 13 Trustee’s office avoiding dismissal of the case. This agreement has reduced the monthly plan payment to $1100 per month (approved by the Court on 1/26/2024). After speaking with Mr. ****** last week to work out this resolution, we anticipate a call from Mr. ****** within the next week, to continue to discuss the Chapter 13 plan, and options we have worked out in event the ******* are unable to complete the Chapter 13 plan. The ******* have been advised that although the vehicle claim may be satisfied at this time, the title will not issue until the Judge issues the discharge order upon the completion of the case.
  
  
  Thank you for your review and consideration of this matter.   
  
  Rauser & Associates 

  Customer response

  02/02/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 

   

  My parents are elderly and do not understand the increase in charges. An additional $1100 a month for 4 months is not extra funds they have available to them nor understand why its being charged. 

  Client Privacy was not a concern when I spoke to the representative a few years ago. Stating that my concerns are untrue and unjustified and not professional nor accurate. 

  It would Serve the business well to keep in mind that when clients come to them in a predicament such as this that legal matters may not be familiar to them. 

  I would not recommend this business. My parents do not wish to lose a paid in full vehicle or their home due to your inadequacies. 

  
  Regards,
  
  ******* ******
  
  
  
  
   

• Initial Complaint

  01/14/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Bankruptcy is a scary thing. Especially when it involves your personal and small business income. I’ve attempted chapter 13 filing previously but choose not to complete my case because the damage would be far greater than relief. I was in need of an experienced attorney with local expertise and adequate experience. One that would prioritize my needs, the needs of my small business and advise me in a caring protective manner. Rausser and Associates provided me with the complete opposite of what I paid them to provide and did more damage to my overall wellbeing than if I had not filed in the first place. My greatest fears had came to light. I was open with my attorney explaining the fluctuating income my business receives during the summer months due to our main contract a school being closed. And when June hit I inquired about converting my case from a Chapter 13 to a 7 for I could not afford the trustee payment which where coming due. I was told that I couldn’t convert because my exempt asset would be valued high and the trustee would absolutely sell it. Even after letting my attorney know the real value of my asset because of being rebuilt and worth less by vin number specifically. I was sent generic blue book values of seminar vehicles almost double in value of what my asset was and told to contact an appraiser for they would not be able to convert my case. All Rausser had to do was take the time and read my filing for the trustee had already appraised my asset at the correct price 10,000 less then what Rausser said it was worth. Also on my official Form 3091 it states under no. 12 Fully exempt property will not be sold and distributed to creditors even if the case is converted chapter 7. I was told I couldn’t convert when I could my case ended up discharged and sanction for previous filings and I eventually lost the asset my business fought so hard to keep. Shame on you Rausser for not advising me correct. Malpractice 100% . Notices came late and no quality given.

  Business response

  01/30/2024

  
  Thank you for forwarding the complaint filed by Chanel ******* (ID# ********) with your office.
  Please note that we appreciate the financial difficulty that Ms. ******* has experienced. However, Ms. *******’s assertion that our office informed her that she could not convert her case from a Chapter 13 case to a Chapter 7 is incorrect, and her claim of malpractice is incorrect and wholly mistaken.   
  Ms. ******* hired Rauser & Associates on 4/29/22 to file a Chapter 13 bankruptcy case to obtain the return of her vehicle that had been repossessed. After Ms. ******* paid the agreed $200 in pre-filing attorney fees and reviewed and signed the bankruptcy petition and schedules, her case was filed with the bankruptcy court on 5/16/22 (Case # ********). Ms. *******’s case was dismissed on 9/22/22 solely due to her failure to remit any payments to the Chapter 13 Trustee as required by the Chapter 13 Plan.
  The attorney noted that after the filing of her case on 5/16/22 Ms. ******* basically stopped communicating with our office. The 341 First Meeting of Creditors originally scheduled for 7/6/22 had to be rescheduled to 7/13/22 because she did not attend the hearing. The attorney advised Ms. ******* on 7/12/22 that funding was delinquent, and that the funds due to the Trustee needed to brought current immediately to avoid the Trustee moving to dismiss her case. The attorney notes from the 341 hearing held on 7/13/22 indicate that Trustee Helbling informed Ms. ******* about the funding arrears, and that Ms. ******* promised to get current immediately.
  Ms. ******* was absolutely not advised that she was unable to convert her case. Alternatively, when Ms. ******* spoke with our office on 7/28/22 about the possibility of converting her case from a Chapter 13 repayment plan to a Chapter 7 case, she was advised by the attorney that she could convert to a Chapter 7 and was quoted the fees to do so. The attorney only cautioned that if she elected to convert to a Chapter 7, which is a liquidation bankruptcy, that it was possible that she could lose her motor vehicle as an asset to pay unsecured creditors. Ms. ******* is mistaken in her reference to section 12 of Form 3091 which is the “Notice of Chapter 13 Bankruptcy Case” form. This form indicates that exempt property may be retained, however, as the attorney who discussed conversion with her advised, only the first $5925 was able to be claimed as exempt. As scheduled in the bankruptcy petition, Ms. *******’s vehicle presented unprotected equity likely to be more than $10,000. Therefore, if she was unable to turn over those funds to a Chapter 7 trustee, the vehicle would be subject to sale to secure the value that exceeded the exempt $5925 for the benefit of her unsecured creditors.      
  When Ms. *******’s case was called for the Confirmation hearing on 8/18/22, still no funds had been remitted to the Chapter 13 Trustee, and Ms. ******* had not followed through with providing the documentation and fees discussed on 7/28/22 required to convert. Based on this, the Judge granted the Trustee’s oral motion to dismiss the bankruptcy case due to failure to fund the plan (Order signed 9/12/22). Our office reached out again to Ms. ******* via letter that same day of 8/18/22, notifying her about the dismissal and the Trustee’s request for sanctions.
  As indicated at the confirmation hearing, the Trustee filed a Motion for Sanctions on September 28, 2022. Additional email and another letter were sent to Ms. ******* on 9/28/22 regarding the pending Motion for Sanctions and the response deadline of 10/27/22. Our attorney tried to call Ms. ******* on 10/25/22. All attempts to reach Ms. ******* went unanswered, and the Motion for Sanctions was granted on 11/3/22.
  In moving for sanctions barring the filing of a new case for 180 days, the Trustee cited bankruptcy court records reflecting that Ms. ******* had filed four Chapter 13 Bankruptcy cases from 2016 to 2022. Three were filed in ******* and the 2022 case was filed by our office.  The court dockets reflect that all four cases were dismissed for failure to fund, attend the 341, pay filing fees or some combination of all three factors. The final Chapter 13 filed in ******* was also dismissed with sanctions.
  In her complaint with your office, Ms. ******* demands a refund of $550. The position of our office is that the $200 received for attorney fees before filing constitutes earned fees. The sum of $313 received by our office was paid to the bankruptcy court on 5/16/22 with the filing of her Ch 13 case and represents a non-refundable $313 bankruptcy court filing fee. Our office received no other funds on this matter. Ms. *******’s case was dismissed solely because she failed to remit the payments as required. There were no objections to confirmation of her plan either from the Trustee or any creditors. Because Ms. ******* did not remit any payments to the Trustee, our office only received $200 of the agreed upon $3000 for representation. Although Ms. ******* still owes our firm $2800, our office we will not seek to collect this sum despite the extensive work on the file spanning 4/29/22 to the closing of the case on 12/15/22.
  Please do not hesitate to contact our office with any further questions. 

• Initial Complaint

  06/27/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I am going through a rough financial situation at the moment. So I decided to file a chapter 7 to help with my debt. Spoke to an attorney and told him our first interview this information as well. I was told the amount, the process and what documentation I needed. I was told I wouldn’t have to pay my car note since I will be surrendering the vehicle. Months go by and now everything is registered as a chapter 13 and my car get repossessed. I was told by paralegal she not sure where the miscommunication happened. I now have to have a trustee to get a vehicle. This was NEVER told me, I’ve called and worked with numerous banks and dealerships and they don’t assist with people with trustees. So my next and only option is to refile which means another 700.00 and more months without a car. Which affects my lively hood. When speaking to the paralegal no kinda sympathy and was asked “ Do you really need a car”.

  Business response

  07/06/2023

  Dear BBB: Thank you for your communication. Our office has had the opportunity to meet with Mr. ******* ****** who indicated to his attorneys in our Columbus office that he is satisfied with the service and legal advice that he has been given. He stated that he now understands his legal options and is in the process of filing a conversion. 

• Initial Complaint

  05/16/2023

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  On or about 1/23/2023 I had intentions to file bankruptcy . I had a phone consultation which is free. On 2/18/2023 I paid $100 retainer fee however my case was never handled, there were no calls taken from the firm and I also did not sign anything. I recently was laid off work and I emailed about the return of my $100 I was told it would be refunded in the firm of a check and since I didn't sign anything they should return my monies. I have called repeatedly to get an update on the status of my refund. They have failed to return any of my phone calls.

  Business response

  05/24/2023

  Our office issued the requested refund of $100, representing all of the fees paid to the firm. Unfortunately we were unable to reach the client via telephone to confirm receipt. Please let our office know if there are any remaining issues or information needed to resolve and close this matter. Thank you. 

  Customer response

  06/01/2023

  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 

  I just wanted to reach out and let BBB know that Rauser & Associates did refund my money so if you could update the file so that it reflects a refund payment that would be greatly appreciated

  Thank you

  Regards,
  
  ****** *****
  
  

  
  

• Initial Complaint

  07/27/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I tried to do business with rauser and associates. Things were going somewhat smooth until I was switched to an attorney out of Canton named Jennifer who was so rude and uncaring of our situation. Questioning me on my decision to file bankruptcy when she had no clue of my financial situation. I immediately asked for a refund for court costs and filing fee. I was told I need to send in a written request which I did. And with them being so fast to run my bank card to take my money I was told today 7/27/2022 that it can take months to receive a refund. That’s is my money and I want it back NOW! All of it. I will never use their survives again and they have no right to hold my money.

  Business response

  08/05/2022

  A refund has been issued for fees due to *** ******** and her spouse pursuant to our fee agreement. The attorney handling the file advised that the clients were unwilling to listen to legal advice intended to protect the clients' interests, and stated that they were unbecoming in their communication with our attorneys and staff, who were diligently trying to protect their interests.  

• Initial Complaint

  06/18/2022

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  I contacted them for a free consultation but ultimately decided to use a different lawyer. They haven't stopped sending me letters to make a payment on my "case". I never did anything with them or even sent them a single form. I never used their services so how can I have a fee? Stop harassing people. Very low class for a law firm.

  Business response

  06/21/2022

  We are in receipt of the correspondence that Ms. ********* submitted to your office. Ms. ********* had a free consultation with one of our attorneys in August of 2021. We do not contest that she may have received computer generated communication from our law firm, however, based on the entry in our system she should not have received any billing notices. We have updated our records to prevent any future billing or correspondence. Ms. ********* does not presently owe the firm any fees, and we apologize for the inconvenience. 

  Customer response

  06/21/2022

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 
  
  Regards,
  
  ******* *********
  

• Initial Complaint

  06/15/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  My wife and I filed Chapter 13 Bankruptcy through Rauser & Associates a few years back. The Trustee that handles the case is requesting information from me regarding certain business income. I need assistance from the firm but they are not returning the many calls and emails left for them. Combined we spent a total of $6000 for these services. It the responsibility of the firm to assist while the bankruptcy is still active. All I am asking is that my assigned lawyer (Alex) contact me and assist with my issue. Also, my wife is waiting on resolution to an issue with her lawyer (Melissa). I have been trying to make contact for some time now. This is a time sensitive matter and I am getting zero response.

  Business response

  07/02/2022

  Mr. ******* appears to have not received correspondence from the attorney assigned to his file that was made before placing his 6/15/22 complaint with your office. We apologize for any missed communications. One of the managers with our office was able to speak with Mr. ******* on 6/17/22 and 6/21/22, facilitating clarification of the documents needed to administer has case. At this time, we are waiting for a response to our 6/23/22 email requesting that Mr. ******* review the expenses for amendment to his case. We look forward to Mr. *******'s response and working with him to successfully complete his case.  

• Initial Complaint

  02/04/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Several weeks ago I paid Rauser and associates to represent us in a chapter 13 BK and until we had a disagreement over disrespectful tone and attitude a lawyer named Scott was giving me and shortly after another lawyer or clerk called me back to say they will not represent me and will send the money back I’ve already paid them so we had to get another attorney who is taking care of us but it’s been nearly 2- months and times are too hard to be playing with people’s money.

  Business response

  02/11/2022

  Mr. ********* retained our firm to file a Chapter 7 bankruptcy case. Before he retained the firm he was well advised that our office would represent him in a Chapter 7 case only, not a Chapter 13 case.

  Mr. ********* was issued a full refund of attorney fees received when he elected not to proceed with a Chapter 7 case. Accordingly, we consider this matter resolved. 

• Initial Complaint

  11/12/2021

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  There is a lack of communication with Justin in the Columbus office. They have not kept me up to date on my case. My bankruptcy case is being dismissed. My bankruptcy number is *******. I explained to Justin that  I had lost my job due to a heart attack, so I wouldn't have the fee, but he did not want to work with me. 

  Customer response

  11/15/2021

  I would like my money back from the attorney, since the attorney was not professional. He did not give me  any in writing of my rights, the monthly payment I need to the court. He also did give the amount and the length of Chapter13. He did not give me any information I need to understand the new laws of bankrucy. He was not acting as an attorney. 

  Business response

  12/08/2021

  We are sorry about the financial and health concerns that Ms. *** ***** has experienced. Our office has communicated Ms. *** *****'s bankruptcy options to her, which unfortunately are limited to a Ch. 13 due to a prior case. Our office has placed Ms. *** *****'s plan in a position to be confirmed by the court, however, unless she remits the required payments by the deadline set by the court, her case will be dismissed. We appreciate that Ms. *** ***** does not presently have the funds to cure the Ch13 plan arrears due to loss of income and health concerns, however, we cannot prevent the dismissal if the funds are not paid to the bankruptcy trustee by December 10, 2021. Should Ms. *** *****'s case be dismissed, we are happy to seek the refiling of the case, provided she then has the income to support timely funding of a Ch. 13 plan. 

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩