Lawyers
Amourgis & Associates Attorney and Counselors at LawHeadquarters
Complaints
This profile includes complaints for Amourgis & Associates Attorney and Counselors at Law's headquarters and its corporate-owned locations. To view all corporate locations, see
Customer Complaints Summary
- 22 total complaints in the last 3 years.
- 11 complaints closed in the last 12 months.
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Submit a ComplaintThe complaint text that is displayed might not represent all complaints filed with BBB. 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.
Initial Complaint
Date:03/08/2024
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I have called several times about continuing my case. I was trying to pay it off. I only have 1200 left to pay on my case they proceeded to open a new case which I already had one so I informed them I already had a case with them and ask if they would send a receipt still haven’t received a receipt of the remaining balance so then I told them I wanted to close the case because I not paying more money I need my refund and they said they will have a attorney contact me I have been waiting for 3 months now I have receipts showing that I paid 500 alsoBusiness Response
Date: 03/14/2024
One of our lead attorneys reached out to the client on March 9th and they were able to resolve her concerns. She remains a client and we are assisting her in the filing of her bankruptcy petition. Many thanks.Initial Complaint
Date:12/27/2023
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I received a letter in the mail from Amourgis & Associates advising I was being sued by a creditor. I received this letter even before the creditor issued me any form of documentation or communication of a lawsuit. I called In to Amourgis to inquire about this and an attorney looked up all of my info and told me the amount I was being sued for. In my consultation, I specifically told the Attorney numerous times in our meeting that I do Not want to file for Bankruptcy, I emphasized this very clearly and told her that I want to find a way to settle with the creditor. The attorney told me that I would not have the option to settle with them and advised me that Bankruptcy was my only option. She then told me that I would get garnished by the creditor if I didn’t file for Bankruptcy. So I eventually submitted payment. I then received a judgment in the mail from the creditor advising of a complaint. So I called the creditor from the number listed on the letter and came to find out that the letter was a complaint not a garnishment notice and advised me that they would be willing to settle. I have agreed to this with them. Now, Had I have been told the truth that I would be allowed to settle with the creditor in the first place, I would have never submitted payment to file bankruptcy with Amourguis & Associates. The attorney I spoke with in my consultation told me that I did not have a choice in the matter and that I would have to file Bankruptcy or end up getting garnished from the creditor. Had I not have contacted the creditor myself I would have wrongfully filed for bankruptcy when I did not need to which is another matter that Im furious about. The only reason why I agreed to this is because I was told that I didn’t have a choice. Now I’m without the $1,745 that I had saved up to pay off and settle my debt in the first place. The attorney in my consultation was dishonest with me and I am now being put in a worse situation than when I started.Customer Answer
Date: 12/27/2023
I would like to add that My desired Settlement is a full Refund in the amount of $1,745.Business Response
Date: 01/08/2024
[BBB transcription via email]
We did review the matter thoroughly, and upon reviewing his initial call to our office, he was advised as to what all of his options were. Lead attorneys reached out to Mr. ******* last week and spoke; he said he wanted to think about it and they have a follow up meeting set.
Customer Answer
Date: 01/16/2024
I am rejecting this response because:
The above statement from the business was a dishonest response, the attorney in question was negligent and took advantage of me in my consultation. The attorney in question talked me into filing bankruptcy and did not give me another option. The only thing the Attorney in question stated in our consultation is Debt settlement does end well. She did NOT say or offer me any options for settlement with the creditor. She led directly into having me file bankruptcy after I told her numerous times and even yelled it over the phone that I do not want to file bankruptcy and I want another option. She then proceeded to continue to talk me into it and advised that it was my only option.Business Response
Date: 01/17/2024
Our apologies for the delay in responding. We wanted to thoroughly review the file and speak with Mr. ******* in an attempt to resolve the issue prior to responding to his complaint.
On October 10, 2023, ****** ******* retained our law firm to file a Chapter 13 bankruptcy for him. During his initial consultation, the attorney spent over an hour on the phone with him going through his entire financial situation and explaining all of his options to him in great detail. Mr. ******* was unable to do a Chapter 7 bankruptcy because he earns more than the median income amount.
During his initial consultation, Mr. ******* was advised that he does not have to file bankruptcy and the attorney provided him with all options available to him based on his debt/income. The attorney advised him that we can do a debt settlement for him where we would negotiate a payment plan with the creditor that has filed suit against him. The attorney also discussed the Chapter 13 option. The estimated Chapter 13 payment for him was $585 per month and that payment was going to include all of his debts including his car payment. The Chapter 13 was going to maximize his budget and save him the most money. The attorney also explained that there are debt consolidation companies that will handle the settlement of all of his debts without filing for bankruptcy. The attorney explained that some of those debt consolidation companies charge excessive fees and some of them just collect funds from their clients and lawsuits still happen while they save up funds to resolve the accounts with lump sums. The attorney explained that we could do a debt settlement of the pending lawsuit and possibly get a reduction in the balance and negotiate a payment plan to resolve the pending lawsuit and avoid having his wages garnished or bank accounts attached.During the initial consultation, the attorney explained that the Chapter 13 would also prevent all of his other creditors from filing lawsuits against him during the Chapter 13. The attorney talked about how paying for the Chapter 13 instead of paying the creditor would likely be Mr. *******’s best option since it would take care of all of his debts and maximize his budget. Mr. ******* agreed, provided his debit card information and signed the Chapter 13 fee agreement that was sent to him as well. The attorney explained the Chapter 13 bankruptcy process, that we would send him a welcome packet, help him secure his documents, prepare his petition and get his case filed.
We worked on Mr. *******’s Chapter 13 file for over two months, from October 10, 2023 to December 14, 2023. His bankruptcy petition was prepared and we contacted him on December 14th for his signing appointment to go over his case and get his case filed. On December 14th, during his phone conference with the attorney, Mr. ******* advised that he changed his mind and did not want to file Chapter 13 any longer if he can work something out with the creditor. We rescheduled his signing appointment to December 20, 2023 to give him time to try and settle the matter. On December 20, 2023, we followed up with Mr. ******* and he advised us that he wanted to cancel and a phone conference was scheduled for December 27, 2023 to discuss the cancellation request.On December 27, 2023, the attorney had a telephone conference with Mr. ******* where he claimed that the attorney told him during the initial consultation that he could not settle with the creditor and had to file bankruptcy. A follow up call was scheduled with Mr. ******* for January 4, 2024 in order to investigate Mr. *******’s claims. A full file review was done and Mr. *******’s claim that he was told he had to file bankruptcy and could not settle was not accurate. As indicated previously in this response, an hour long initial consultation was done in this case and Mr. ******* was informed of all of his options and that the Chapter 13 was his best option.
On January 4, 2024, the attorney had a phone conference with Mr. ******* where Mr. ******* insisted that he was never told about debt settlement. He was seeking a full refund. The attorney explained that as is clearly stated in his fee agreement, when a client wishes to cancel, we bill hourly for the work that was done on their behalf up to that point, and we had done more work on the file than what was paid in so a refund was not warranted. He insisted on a refund so we scheduled a follow up call on January 9, 2024 at 11:00 a.m. so that his refund request could be reviewed.
On January 9, 2024, the attorney had a phone conference with Mr. ******* and explained that we could issue him a partial refund of $313 for the court costs that would have been sent to the court if he had filed his case. Mr. ******* refused and the attorney explained that we may be able to issue him a refund of 50% of the amount paid in as a courtesy. Mr. ******* insisted on having his full refund request reviewed again. The attorney set up a follow up call with Mr. ******* for January 16, 2024 at 2:00 p.m. so that this refund request could be reviewed.
On January 16, 2024 at 2:00 p.m., Attorney *** ***** called Mr. ******* and got his voice mail and advised that his refund request was still being reviewed and set a follow up call in the voice mail message for January 19, 2024 at 4:00 p.m. With all of that said, and after a full review of the file and Mr. *******’s concerns and complaints, the firm is willing to refund him $872.50 – 50% of the $1,745 bankruptcy retainer paid. We feel this is fair and reasonable, given the amount of time spent on his behalf, and we do not feel that a full refund after merely changing his mind is warranted in this situation. Phone records show that Mr. ******* was made fully aware of all of his options during his initial phone call, as well as subsequently thereafter. As a law firm, all we have is our time. With that said, however, our goal is to always help our clients, and we did everything we could to help Mr. *******. In the end, however, he simply changed his mind - which he has the right to do. We feel that a 50% refund is more than acceptable in this situation.
Business Response
Date: 01/24/2024
To follow up, Mr. ******* and Attorney *** ***** had a meeting wherein Mr. ******* agreed to a courtesy refund of half of his retainer - $872.50, which was overnighted to him on Jan 22nd. We have closed this file; in doing so, we were forced to write off $1552 in time spent on his behalf in addition to the courtesy refund. Many thanks.Customer Answer
Date: 01/25/2024
There are multiple statements from the business response that are false and inaccurate. #1 on October 10th the only options the attorney performing my consultation explained and mentioned to me was a Chapter 7, Chapter 11, and Chapter 13 bankruptcy. The attorney in question did NOT mention anything WHATSOEVER about a debt settlement program nor did she mention any prices associated with it. The attorney only said one statement saying that Debt Settlement does not end well. I blatantly yelled over the phone to the attorney numerous times in our conversation that I DO NOT WANT TO FILE BANKRUPTCY this was very clearly emphasized. Yet the attorney continued to go on talking to me about filing bankruptcy and advised to me that it would be my only option. This business sent me a letter in the mail advising I was being sued without receiving any documentation or communication from the creditor themselves. The only reason I called the business was to settle this debt in the first place. The only available options the attorney mentioned to me in my consultation was a chapter 7, chapter 11, and chapter 13 bankruptcy.
Also another inaccurate statement above is before receiving a letter in the mail from the creditor, I had submitted all the documentation to complete my bankruptcy and my attorney had sat on my case for over a month before I had to finally call in multiple times and complain again to the representative in order to get movement on my case. After telling the representative about the extreme unprofessionalism and lack of care for the client from my attorney, The representative was finally able to connect me to my paralegal who first hand told me on the phone that my attorney had not touched my case in over a month since I had submitted all my documentation.
#2 On December 14th I called back in numerous times after my attorney had blatantly missed multiple appointments we had scheduled on her calendar yet again, I finally had to complain AGAIN to the representative just to finally be able to get me on the line with them. I told my attorney that I had received a letter in the mail from the creditor suing me. Prior to receiving this letter in the mail the attorney who performed my consultation told me it would be a garnishment notice before the creditor had even contacted me or sent me any form of documentation for a lawsuit. So Upon receiving and opening the letter in the mail, I come to find out that It was only complaint to resolve the disputed amount. I was told this would be a garnishment notice from the attorney who performed my consultation. After opening the letter I immediately called my attorney furious and told her that I want to cancel and I want a full refund of my money.This company sent me a letter in the mail with a post it note attached saying they could help me. After the attorney went on explaining Bankruptcy. I specifically told the attorney numerous times that I do not want to file bankruptcy even having to yell it over the phone. At this point the attorney should have explained to me the option for settlement which the attorney did NOT explain or give me that option. The attorney in question continued to talk me into filing bankruptcy. This attorney clearly tried to take advantage of me. With that being said the only reason why I called this business was to settle with the creditor in the first place because I had no other communication or documentation from the creditor of a pending lawsuit filed.
I am NOT satisfied with 872.50 WHATSOEVER from how I was treated by your business and representatives negligence and complete lack of professionalism. I am accepting 872.50 only to avoid having to sue you in court. So do not think for 1 second that this was a courtesy. Your company and attorney’s have been negligent, unprofessional, and this is by far the worst company I have ever done business with.Initial Complaint
Date:10/17/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I did a consultation with this company but had other companies to consult as well. I never signed any paperwork confirming I wanted to do business with this company and they still took money from my account and are refusing to contact me back to discussBusiness Response
Date: 10/23/2023
We appreciate the opportunity to respond to this complaint. Due to an unfortunate miscommunication, we began Mr. ***********’s payment plan while he was still considering his options on Friday the 13th. We received an email from Mr. *********** explaining the situation late on Tuesday the 17th. We immediately refunded Mr. *********** the morning of the 18th upon receipt of Mr. ***********’s email and left a voicemail for Mr. *********** on the 19th. A copy of the receipt from Mr. ***********'s refund is attached for reference. We apologize for any inconvenience that Mr. *********** experienced. All payment information has been removed.Initial Complaint
Date:09/07/2023
Type:Service or Repair IssuesStatus:ResolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I received a letter in the mail on July 13, 2023 from them stating that I had a court case and they could help. I called them and they explained that they could help by filing chapter 13 bankruptcy on our behalf. We agreed and paid $1200 that day with the agreement that we still had to pay another $339 to move forward. We paid the additional $339 on July 28, 2023. We have sent every piece of information they have asked for. My husband has called numerous times in the last 2 weeks to find out what's going on and we keep getting told we are on the callback list. We have not received a call since August 18, 2023. We finally gave up and told them we want a refund. We have still not heard anything.Business Response
Date: 09/12/2023
Upon receipt of the BBB Complaint, Attorney ***************** reviewed the file and contacted *** and ********************** He apologized for any communication issues they were having to date. He fully reviewed their file and gave them my direct line to call or text him directly anytime. We finalized the preparation of their petition and have a signing scheduled for this Wednesday (Sept 13) to get their case filed. The matter has been resolved and *** and ***** are happy now that they have been updated on the status of their case and have been scheduled for a signing to get their case filed so we can get them the relief that they need.Customer Answer
Date: 09/21/2023
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.Initial Complaint
Date:08/29/2023
Type:Order IssuesStatus:ResolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I hired Amourgis and Associates 2-3 months ago to handle my bankruptcy case. I have spoken to my Attorney once and that was when they took my fee $1745.00. since then all documents have been submitted more than once. Multiple calls have bee made and appointments set up to have phone calls with my attorney or assistant all to be cancelled or they just never call. I have emailed multiple times I only just started getting a response. I was served garnishment papers that have to be filed immediately and ***** will return my call with a status of if my case has been filed or what I am to do with these paper I have received. I am told my attorney is too busy to call me, but yet I paid them and I am a client just as the other clients. I can not afford to have my wages garnished and this is absolutely ridiculous I am having this much trouble. My case should be closed or something, not me receiving garnishment papersBusiness Response
Date: 09/12/2023
This matter has been resolved. We reached out to the client by phone on 8/1, 8/2, 8/8, 8/10, and 8/24. On 8/24 we received a call back from the client regarding a wage garnishment. We called the client again on 8/28 and then on 8/29. We received a call back from the client on 8/29. On August 30th, we called the client at 8:41 a.m.,10:52 a.m., 12:10 p.m., 12:14 p.m. and then at 4:45 p.m. we were able to talk to the client and conduct her signing appointment so we could get her case filed and shut down any attempt to garnish her wages. We filed her case on August 31st and Attorney ******************* emailed the manager at her employer on August 31st at 11:39 a.m. that the bankruptcy had been filed so that a wage garnishment would not proceed. ***************************** confirmed that she received the email from **** on August 31st at 4:49 p.m.
Attorney ***************** contacted ***************************** on September 11th as there was a notice that was received from the BBB late in the evening on September 8th. ******** advised that she did not file a BBB complaint on 9/8 but instead back on August 29th prior the bankruptcy being filed. Everything has been resolved but she wanted another email sent to the manager of her employer to make sure the wage garnishment does not proceed. No funds were taken from her paycheck to date since we notified her employer of the bankruptcy filing on August 31st. I emailed the manager at her employer again per her request to make sure the wage garnishment does not continue. This matter has been resolved and the clients wages were never garnished.Customer Answer
Date: 09/14/2023
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, except for early dates in August they never called they did not contact me until I started multiple times a day.Initial Complaint
Date:08/10/2023
Type:Customer Service IssuesStatus:ResolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I hired Amourgis Law Associates on 2/21/2023 to represent me in a Bankruptcy case. I have sent all documents as well as paid all fees needed to proceed in my filing. Since hiring Amourgis I have received two summons from Montgomery County Courts to respond to credit card debit. I have sent both Summons to Amourgis without any response. On August 1st my Savings/ Checking account were garnished leaving me $550 to live on. After receiving a letter stating they had garnished my accounts I reached out to Amourgis Law on August the 6th with an email and still have not gotten a response. I am over whelmed by the lack of response and the inability of this ********** not to have already closed my case. Please help me in getting a Lawyer from Amourgis to contact me ASAP. Sincerely *****************************.Business Response
Date: 08/21/2023
We sincerely appreciate the BBB reaching out to us on this case. Immediately upon receipt of the notification, we reached out to ***************** and we also simultaneously conducted an investigation in the matter. We discovered that ****************** had not been receiving updates on his file as frequently as he should have been. We had internally corrected the error that resulted in him not receiving updates in the two weeks or so prior to his request for assistance. We also immediately scheduled and held an in-person meeting during which ****************** and his attorney arranged a final timeline for the filing of his case.
Finally, I have also provided my personal direct contact information to ******************* I do not expect he will experience any similar issues with our firm, but I wanted him to be able to reach me directly if he felt as though he was unable to communicate with us at any point in the future.
***********************************, EsqCustomer Answer
Date: 08/22/2023
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.Initial Complaint
Date:06/15/2023
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Hired company to assist with setting up payment arrangements to creditor. And have been paying payments since July 2022 until my wages were garnished in May 2023. Attorney never worked on my case, and my wages have been garnished due to their negligence.Business Response
Date: 06/27/2023
While we appreciate and understand Ms. ******' frustration with the process, participation and cooperation from our clients is necessary in order for us to properly and fully represent them, regardless of the case type. In Ms. ******' case, the initial delay in her case resolution is because she had not paid her retainer fees in full. For clarification, her file was opened in July of 2022 and to date, we have received $500 of a $599 retainer fee and have over $2,400 in unrecoverable time spent on her behalf. This did cause a delay because we do not typically work debt settlement cases until the client has paid the retainer fees in full. In this case, we did make an exception because as the case went on further due to the fact retainer fees had not been paid in full, as well as the fact that Ms. ******' terms and conditions of said debt settlement were challenging, her debt became garnished. We continued to diligently negotiate with opposing counsel to obtain an agreement for a debt settlement that met Ms. ******' terms. We have advised her repeatedly what her best course of action would be and what would best protect her interests; however, she continues to refuse our guidance, while refusing any and all reasonable attempts to settle her debt through settlement negotiations.
Again, we appreciate the frustration of the process; however, to imply that we took her money and did not do our job is - simply put - factually incorrect. You will see by the attached email as recent as this morning from her attorney to Ms. ****** the summarization of the negotiations, as well as a summary of the history of this file. Should you require further information, please do not hesitate to reach out; we are happy to accommodate.
Many thanks.
Amourgis & Associates
Customer Answer
Date: 07/03/2023
I am rejecting this response because:
Out of negligence no action was taken and I hired y’all last July 2022 the record show no one worked on my case until the garnishment. Which is unacceptable when I was still paying. Even results aren’t guaranteed action should have taken for a better outcome.Initial Complaint
Date:01/05/2023
Type:Billing IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
The end of September 2022 I had a consultation in regard to a bankruptcy claim. I made payment arraignments towards the bankruptcy case to be filed. I was told nothing will be done until I complete payment of $1700 plus dollars which covered cost of attorney and filling fees with the court as well as the documentation to be completed. I made my first payment on 10-3-2022. I have never completed or submitted any documentation. I only made payments towards the total sum to insure I didn't accumulate billable hours.in case I wanted to cancel and get a full refund, 1-5-2023 I called to cancel and to inform them I wanted a full refund. After the unsuccessful attempt to get me not to cancel, I was told I would be sent an itemized bill for $330 plus dollars for services rendered. There wasn't any services rendered other than them charging my debit card for $75 dollars a week since 10-3-2022 which accumulates to $1050. My paperwork has not even been started.Business Response
Date: 01/24/2023
We are in receipt of the BBB complaint filed by **************** and have fully reviewed it. The end result is that we will agree to submit a full refund to the client in exchange for his agreement to not dispute the charges on his credit card after we have issued the refund. This is simply to guard against later disputing through merchant services, and avoiding a double refund.Initial Complaint
Date:05/07/2022
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
We hired this company for a bankruptcy. We made our first payment on 11-15-21 and made payments through 2-16-22 totaling $1771. They initially had us fill out a bankruptcy packet and we sent all the documents to the e-mail they provided. They claimed there were documents that they either did not received or were illegible which we resent. They would make an appointment for a phone call and not return your call, then you would make another appointment and they would ask for more documents. In between times would be at least a week or more. Then when you had another appointment, they would say they needed updated documents. We would send the documents and wait another week or so and they would say they didn’t get them or something wasn’t correct, or they just would not call. We talked to an attorney once because after 6 months of dealing with a legal secretary we told them we wanted a refund and and would find someone else. They convinced us to continue and everything seemed to be back on track, then they kept stalling with wrong/out of date documents. They then gave us a different person and everything was moving along and we were supposed to file! They had set an appointment to have our final meeting and of course no one called at the appointed time. We were then informed that that person was taken off our case and we were back to the original secretary, who then said we would have to make another payment and said our documents were out of date, we updated the documents and were then told that we could not qualify for a bankruptcy, of course after we paid in full. I want a refund, I am tired of their run around, I have seen their abysmal response to their clients. How can a bankruptcy take almost a year? Unconscionable!Business Response
Date: 05/18/2022
To file a case, there are two basic things we need to receive: our full retainer and the documents that we need to fully and accurately advice a client and file their case. The clients are accurate in their claim that they paid the full retainer as of February 2022. They are similarly accurate in their claim that their case is not yet filed and that we have requested additional necessary documents to file their case.
We absolutely understand our clients’ frustration regarding the need to provide a lengthy list of documentation. These documents are items that are needed to be turned over to the court upon filing as well as items needed to determine whether we have fully and accurately described a client’s income, expenses, assets, and debts on their petition and schedules. The entire process typically takes us about a month to complete assuming that the clients are responsive and provide us the documents that we need. It is extremely rare for us to be blamed for a client’s refusal to work with the several staff that we employ for the exclusive purpose of assisting them with this endeavor. That said, we do understand that some clients can react emotionally to the requirements established by Title 11. These particular individuals received a comprehensive, personalized list of the documents that we needed to file their case based on the information provided during their intake appointment. We called them over 50 times in the year following, pleading with them to provide the documents that we would need to prepare and file their case. It is true that throughout this entire year, we texted in advance of two scheduled appointments to reschedule them due to technological failures beyond our control, and we do average approximately one appointment per week to try to assist them with obtaining their documents.
With respect to qualification, Congress has determined that Chapter 7 bankruptcy is not an option for the wealthy. When these clients first consulted with us in May of 2021, they indicated that their household income was $3,500 per month, or approximately $42,000, which would have been well below the approximately $70,000 threshold at which a two-person household is essentially guaranteed to qualify to file a Chapter 7. Upon receipt of their paystubs in January 2022, we discovered that in the seven months since their consultation, our clients almost doubled their normal income with overtime, bonuses, holiday, and vacation pay. They ended up grossing an average of $9,000 a month in the last half of 2021, for an annualized average income of approximately $110,000 a year. However, because this dramatic increase in income only occurred after their initial consultation in May of 2021, the clients only earned $90,000 throughout 2021. It is quite common for a client’s income to increase (or decrease) after a consultation. It is extremely uncommon for clients to hide their good fortune, make assumptions about the legal impact it will have on their qualification to file, and then blame us for not telling them what they think we should have told them at their initial consultation.
Truthfully, we do not know if these clients will qualify for a Chapter 7 or if they would be forced into filing a Chapter 13. Given the extreme level of fluctuation throughout 2021, the Becker’s early 2022 income through the end of March became critically necessary to make this determination. As a result, we called and asked for updated paystubs and bank statements and stated that we would be able to advise them as to what they qualify for after we received this critical information, and that we could not proceed with their case without receiving these updated documents. The clients refused to provide the paystubs or bank statements and have asked for a refund instead.
If the clients would like to get us their updated paystubs through the end of May by the end of the first week of June, we would be happy to schedule an appointment within a few days of receiving these final documents to advise them as to their options and hopefully file a case that suits their particular circumstances at that same time.
Please note in addition that we will need documents related to the clients’ life insurance policies prior to being able to file a case. The clients denied having any life insurance policies at their intake, when asked by our staff, and when they completed their packet. Their bank statements, however, reflect two regular monthly payments to Gerber Life; two regular monthly payments to United of Omaha; one regular monthly payment to Mutual of Omaha, one regular monthly payment to something that indicates that it is an Insurance payment and calls itself “Econ” and one regular monthly payment to American Amicable. The majority of these companies are known to us to primarily provide life insurance policies. If the insurance policies that the clients are paying for every month are not life insurance policies, a copy of the certificate identifying the type of insurance should be sufficient. However, if these insurance products actually are life insurance policies, we will need documents from each issuing agency that reflect the policy number, owner, face amount, type of insurance, cash surrender value, and beneficiary. Normally, when clients are confused about whether they own a life insurance policy, this information is discovered and documents are requested of the client directly by the signing attorney with an understanding that we cannot file a case without receiving the documents that the panel trustee will demand upon reviewing the clients’ petition and schedules. This would delay a filing sometimes for weeks while the necessary documents are mailed to our clients from the insurance companies. Fortunately for these clients, this information was discovered during our careful review and they will be able to obtain these documents and provide them along with their paystubs through the end of March prior to their appointment with their attorney.
Unfortunately, we are unable to offer a refund. As an attorney’s office, the only thing we have to sell is our time. We spent over 30 hours worth of time on the clients case attempting to gather the necessary documents, reviewing the documents that we did receive and preparing their petition and schedules as completely as possible. In documentation, we have provided a ledger of our time spent as well as a copy of the signed fee agreement indicating that clients will be billed for time spent on their case prior to their filing. As the returned signed fee agreement has some text missing from when the clients scanned it and sent it to us, I also attached the unsigned fee agreement that was sent to them for their review and signature. We do sincerely hope that the clients will provide the final necessary documents so that we can get them the help that they genuinely need.
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