Has anyone has the situation arise where you have COD'd someone because they are well known in the community not to pay and have the stop their check after they've been to your office to pick up the transcripts?
Has anyone filed a police complaint for larceny and had success this route? Or have you tried another route?
If I have an out of state atty order, I send them a letter letting them know the amount. Then I wait for the check, deposit it and make sure it clears BEfORE the transcript goes out.
This sounds like it is in state, so your only resort sounds like small claims. I'd even use a collections atty before I'd travel (for out of state) to file suit.
I've heard of the problem where the State Bar does nothing ... then again, I've heard the opposite (as someone from Michels CR says here).
Since the CSB is so apathetic, it is nice of you to warn your fellow CRs! You might want to contact each of the CR associations (there are so many!) and maybe post something on their forums, or take out a small ad in their newsletter ... but you have to spread that word! You'll save someone lots of money ... and (hopefully) make the guy realize the error of his ways, and make him pay up.
Well, I did contact our Californa State Bar (as I have in the past once I've received judgements and to no avail) Our state bar does nothing ..but I do intend to warn every single firm in town.....he has to keep moving from reporting agency to agency because no one will work with him.
You should tack on some extra charges ... like interest, aggravation, and the Depoman.com favorite, the A*SZ-hat charge ... which is reserved for lawyers just like your problem child! :o)
We honestly don't work with this guy. He's always opposing counsel When I called the firm that does his reporting, they said there is only ONE reporter that was willing to work for him...so they have to keep finding new blood (unsuspecting) CSR's to do his depos.
I will take him to Small Claims and of course, I will win but it's the aggravation level that is the most problematic and waiting for the slow legal process. It's cash at this point...
Are cashier's checks or money orders subject to anything similar -- that is, can they be canceled after being issued as payment?
Oh, wait -- I suppose he could simply report either of them as stolen.
Well, looks like cash is the best deal!
But ... should you find yourself in a position where you have to work with this attorney again in court, you could wait until the proceedings are about to get started, and tell the judge that you are owed monies by Mr. Slime, and you cannot proceed until that debt has been settled -- and checks will not due, as he has canceled them after "payment!"
Ideally, the judge will agree with you, and make the attorney honor his agreement and pay you, and give the offending attorney a really good lecture on his unethical and just plain crappy behavior!
We call those attorneys CIAs. (Cash In Advance) We send them a letter that basically says: "The transcript is ready. It's so-and-so many pages. The total is such-and-such dollars. Send us a check and we'll send you a transcript within two days." (...which is enough time to get to the bank and cash the check...)
I would probably start asking for a money order for all CODs or cash only. I would definetely report him to his State Bar for ethical reasons, and for him to assume that you have to email him his transcript in advance of payment is unbelievable. I think most attorneys now won't even take a client without money upfront.
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