QUICK QUESTION REGARDING SETTLEMENT

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potus

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Good day folks.....after a 9 months battle I received sentencing in my favor in a legal case........Judgement was for RD$510,000......lawyer is a Zorro and took immedaite action......sending folks to their office to impound all.......Now he collected the debt and called me to the office.....claiming they agreed on only a fraction of the sentenced amount and offering me a mere pittence, saying gastos ate it all. The agreement was 30% for him....I told him to go to hell and call me when he is sobering up.......He said if I do not accept then the other party would appeal, which makes no sense, since he collected already........
What to do here>>>>>a) Just sit and wait what happens?
b) Contact other party myself to make arrangement regarding sentencing?
c) Seek assistance of another atty? (But, they both would probably do worse together against me)
or any other solution?
Thank you.
 
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joe

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Judging by your handle you must have Michael Cohen on speed dial.
 
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GringoRubio

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potus said:
Good day folks.....after a 9 months battle I received sentencing in my favor in a legal case........Judgement was for RD$510,000......lawyer is a Zorro and took immedaite action......sending folks to their office to impound all.......Now he collected the debt and called me to the office.....claiming they agreed on only a fraction of the sentenced amount and offering me a mere pittence, saying gastos ate it all. The agreement was 30% for him....I told him to go to hell and call me when he is sobering up.......He said if I do not accept then the other party would appeal, which makes no sense, since he collected already........
What to do here>>>>>a) Just sit and wait what happens?
b) Contact other party myself to make arrangement regarding sentencing?
c) Seek assistance of another atty? (But, they both would probably do worse together against me)
or any other solution?
Thank you.
Click to expand...


Nobody wins in these things. Generally, lawyers don't like suing lawyers. If you feel like you've been wronged, you could talk to a fiscalia (? same thing as a DA here), and the perp could get some jail time for not paying. However, if your lawyer isn't pursuing more money which could net him 30%, it's probably because there is none.

Not sure about the deal with your lawyer, but he could be working on 30% *after* expenses.

Edit: usually lawyers make sure there is a pay day, so it's odd that he was drilling a dry hole, but I think your options are limited.
 
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potus

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GringoRubio said:
Nobody wins in these things. Generally, lawyers don't like suing lawyers. If you feel like you've been wronged, you could talk to a fiscalia (? same thing as a DA here), and the perp could get some jail time for not paying. However, if your lawyer isn't pursuing more money which could net him 30%, it's probably because there is none.

Not sure about the deal with your lawyer, but he could be working on 30% *after* expenses.

Edit: usually lawyers make sure there is a pay day, so it's odd that he was drilling a dry hole, but I think your options are limited.
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No dry hole here.....he collected and believe me he always collects well......just the part he wants to offer me represents around 15% of total that I know of he got........
 
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IslandDreaming

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potus said:
Good day folks.....after a 9 months battle I received sentencing in my favor in a legal case........Judgement was for RD$510,000......lawyer is a Zorro and took immedaite action......sending folks to their office to impound all.......Now he collected the debt and called me to the office.....claiming they agreed on only a fraction of the sentenced amount and offering me a mere pittence, saying gastos ate it all. The agreement was 30% for him....I told him to go to hell and call me when he is sobering up.......He said if I do not accept then the other party would appeal, which makes no sense, since he collected already........
What to do here>>>>>a) Just sit and wait what happens?
b) Contact other party myself to make arrangement regarding sentencing?
c) Seek assistance of another atty? (But, they both would probably do worse together against me)
or any other solution?
Thank you.
Click to expand...

Have you seen the settlement agreement? If he did receive what you say and is refusing to pay I think your options are hiring another attorney, finding if there is a Dominican Bar or Judicial authority that oversees attorneys there are several people on here who are lawyers, I do know there is a legal forum on here (Which we are in) and the attorney that moderates (Fabio Guzman) is well respected Expect to pay for legal advice but it may be worth while I would contact him directly at his office and set up an appointment
 
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Matilda

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This is what happened when we were assisting a foreign gentleman recoup a debt owed to him by another expat who died in the county. There was no official agreement that the debt would be repaid, just emails.
1. Take widow/estate to court for the debt of US$150,000 (she has the money -lived in a massive house in SD, which she sold two weeks after husband's death).
2. She doesn't turn up for first or second court hearing but arrives at the third strike and you are out one.
3. We win the case and award made for half of the money given no contract. Defendant told to pay US$75,000.
4. Defendant appeals. Doesn't turn up to the first or second hearing but does to the third strike and you are out one.
5. Loses appeal. Appeals to the Supreme court - same game and get to third hearing and is ordered to pay the money, and her bank account embargoed and bank ordered to pay the money over to us.
6. No money arrives, and sons of woman(never seen till now) put stop on the payment saying she is mentally ill.
7. New hearing - sons don't turn up for one and two, so now waiting for hearing three.

Hey ho! Persistence is the name of the game. During the process, think near the beginning, the client agreed to accept US$40,000 rather than the full amount the sentence allowed for, for speedier payment.

Matilda
 
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potus

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IslandDreaming said:
Have you seen the settlement agreement? If he did receive what you say and is refusing to pay I think your options are hiring another attorney, finding if there is a Dominican Bar or Judicial authority that oversees attorneys there are several people on here who are lawyers, I do know there is a legal forum on here (Which we are in) and the attorney that moderates (Fabio Guzman) is well respected Expect to pay for legal advice but it may be worth while I would contact him directly at his office and set up an appointment
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Yes I haver copies of the settlement......
 
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potus

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Very important for me to know as well would be, what happens to the settlement if client refuses to accept (Such in this case). Can atty. keep all? Does he have to pay it back? Does he have to deposit it with the court? There must be laws regulating this situation.
 
AlterEgo

AlterEgo

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A thread like this emphasizes the importance of hiring a reputable attorney. 

This happens to Dominicans too. Many years ago, a car crashed into the front of my inlaws home in SD. Demolished the front steps and porch and two columns. Hired a lawyer to get driver to pay. Never got a cent. Years passed, and one day a guy walked by and stopped to chat with BIL sitting on porch. Says he’s the guy who hit the House decade before. BIL tells him he has nerve stopping, after the damage caused that the family had to pay. Guy’s face showed shock, the lawyer had been paid in full for all the damages in construction estimate. 

Moral: don’t go for cheap lawyer. Go for reputable. 
 
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potus

Active member
Dec 27, 2015
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AlterEgo said:
A thread like this emphasizes the importance of hiring a reputable attorney. 

This happens to Dominicans too. Many years ago, a car crashed into the front of my inlaws home in SD. Demolished the front steps and porch and two columns. Hired a lawyer to get driver to pay. Never got a cent. Years passed, and one day a guy walked by and stopped to chat with BIL sitting on porch. Says he’s the guy who hit the House decade before. BIL tells him he has nerve stopping, after the damage caused that the family had to pay. Guy’s face showed shock, the lawyer had been paid in full for all the damages in construction estimate. 

Moral: don’t go for cheap lawyer. Go for reputable. 
Click to expand...

Moral: don’t go for cheap lawyer. Go for reputable. >>>Which almost does not exist here.........Have not heard of such Unicorn Atty. yet.
 
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