Legal Question in Legal Malpractice in Florida

Completed Ch 7 March 2015. Filed Ch 13 May 2015 for mortgage and stop HOA fees and harassment. (Same Atty, but the second handled by new Jr atty.) As instructed, I paid all HOA fees going forward. March 2017, HOA restricted gate access. I discovered, HOA arrears not addressed in the second BK. Jr Atty stopped responding to me. Automatic stay rendered useless. I owed thousands in penalty fees (plus increased percentage based fees to trustee). I followed Sr. Atty advice to borrow from family to pay HOA fees.

Oct 2017, paid Ch 13 off early to avoid more fees due to poor handling. According to Atty office payoff amount included student loans. Dec 2018, received FIRST notice wage garnishment. Apparently, correspondence from pre BK creditors was routed to Atty office, but not forwarded to me. Reached out to attorney (no response). Tried to stop the process myself but failed.

After I paid, I contacted Atty, for final status, but no response. Thinking, I was debt free, I moved on and began reestablishing my credit score. Now, my wages are garnished. Atty claims there were 2 loans (one was paid, the other was not). According to garnishment paperwork, both were partially paid. Any recourse here?


Asked on 2/17/19, 10:30 am

1 Answer from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

Speak to your prior attorney; he or she knows the facts about your circumstances.

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Answered on 2/18/19, 11:45 am


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