Noteworthy Recoveries/Savings (2020)
Member attended an auction and entered into a binding bid for 96 acres of property. Member thought that he had purchased the entire property for the agreed upon price but discovered that the price was actually per acre. Member did not have the financial means to pay the total cost of the acreage and was unsuccessful in his attempt to resolve the matter on his own. Our attorney arranged a telephone conference with the owner of the auction house and argued that, although member’s young age and lack of financial means was not a legal reason to release him from the contract, the opposing party would be no better off if he forced member to pursue bankruptcy in order to discharge the unsecured debt. A settlement was reached between attorney and owner. Savings for Member, $200,100.00.
Member has a small business plan and contacted our office for assistance in getting paid for services rendered. Member was hired by a large multinational retail corporation to complete certain repairs and renovations to their transportation hub bathrooms. An estimate was given; however, once the project was initiated, it was clear that substantially more work would be required to fix hidden issues with the structure. Member notified the foreman and supervisor that there would be additional costs. The foreman and supervisor approved the job even if it meant more expenses. Member acted upon that approval in good faith and completed the job. Upon submitting a final invoice, the corporation disputed the balance due. Our attorney wrote a letter to the corporate headquarters demanding that Member be paid for the outstanding bill or Member would pursue all legal options available. In response to our letter, the opposing party remitted payment. Recovery for Member, $82,000.00.
Member was hired as a sub-contractor for work to be performed for a commercial project. Even though member complied with the terms of the subcontract, and completed applications for payment and partial releases of lien, he was not paid. Our attorney wrote a letter to the contractor demanding that the compensation Member was owed be paid with ten (10) days, and in the alternative reserved the right to file a claim of bond pursuant to the subcontract. In response to our letter, the opposing party timely remitted full payment. Recovery for Member, $65,010.60.
Member contacted our office after receiving a debt collection letter. Member stated her former home was sold through a pre-foreclosure sale (short sale), which the mortgage servicer agreed to. The attorney reviewed member’s documents and confirmed through the Georgia Superior Courts Clerks Cooperative Authority (GSCCCA) that the short sale took place. The attorney offered to write a dispute letter for member, but member stated she had previously sent a letter on her own. Member wanted to know what her options were since it was still showing up on her credit report. The attorney advised member to file a report with the Consumer Financial Protection Bureau (CFPB). Shortly thereafter, member contacted our office and advised that the opposing party had responded to CFPB and agreed that the debt could not be collected. Savings to member, $51,106.06.
Member contacted our office for assistance cancelling a contract for two timeshare properties in Florida. Member and his wife purchased their first timeshare unit in 2017, and a second unit in 2018. Both purchases were financed. Member and his wife were recently appointed legal guardians of their grandchildren, which caused their financial circumstances to change significantly, and they can no longer afford the loan payments. Our attorney wrote a letter to the ownership resort and explained members’ new responsibilities and the change in their financial situation, and requested that the resort accept the deed to each property in lieu of foreclosure. The resort agreed to the request and members executed a release agreement. Savings for Members, $35,177.76.
Member contacted our office for assistance after he was unsuccessful in his attempts to dispute an identity theft matter. Member’s business credit card was used to make multiple fraudulent transactions over a one-week period. Member contacted the bank and filed a police report in each of the jurisdictions where the fraudulent charges were made. The bank’s credit card department denied the claim. Our attorney wrote a letter to the bank advising them that member filed four police reports, had his credit card in his possession at all times, did not have a membership at the business where several of the charges had been made, and had not traveled to any of the cities where the fraudulent purchases were charged. In response to our letter, the bank credited member for the loss. Recovery for Member, $25,044.81.
Member contacted our office for assistance to collect on money owed for services rendered at a local institution. Member performed painting work and they refused to pay her claiming that her company used the wrong type of paint. They said it needed to be redone. Our attorney wrote a letter demanding payment, arguing that the brand of paint was never specified in the project documents, and in any event, the paint Member used was considered to be an identical grade in the industry to the brand they claimed was specified. In response to our letter, Member was sent payment in the amount demanded. Recovery for Member, $24,165.00.
Member contacted our office for assistance in his claim for damages against his homeowner’s insurance policy. Member had several sheds on his property that were damaged during a storm last year. Member filed a claim and received a check to replace the sheds, but not the contents that were damaged. Member was unsuccessful in his attempts to resolve on his own and was told that time had expired on his claim for the personal property stored in the sheds. Our attorney wrote an appeal letter to the insurance company providing a detailed list of the contents of the sheds, receipts, and photographic evidence as proof of the damage to the items. In response to our letter, the insurance company agreed to overturn its decision and pay the personal property damage claim. Recovery for Member, $22,591.88.
Member sold her interest in a hospice care company to her business partner. Member was paid one-half of the sale price at the time of the closing and it was agreed the remaining half would be due when the company received payment for an outstanding Medicare claim. Member stated that the Medicare claim had been paid, but she had not received the remaining payment under the terms of the contract. Our attorney wrote a letter and demanded immediate payment for the balance due or member would pursue all legal options available. In response to our letter, member received payment for the demanded amount. Recovery for Member, $19,000.00.
Member contacted our office for assistance regarding a subrogation claim that she received. Member received a letter from a law firm demanding payment on a claim for $22,500.00. The debt arose after Member’s policy limits were exceeded following an automobile accident. Our attorney wrote a letter to the company advising them that Member is in a precarious financial situation and struggling to maintain her monthly obligations due to limited income. Also, in an effort to settle the matter amicably, and without the need for pursuing bankruptcy, our attorney proposed a settlement offer of $6,500.00 to be paid in monthly installments. In response to our letter, opposing counsel accepted the settlement offer. Savings for Member, $16,000.00.
Member was leasing a commercial space that was in the back of a larger unit and had no access door from the outside. Member worked with the employer who held the lease for the larger unit and her lease was with the landlord directly, not a sublease. The employer recently fired the manager and had the exterior door locks changed. Member was not provided new keys to access the unit and when she reached out to the landlord to get a key in order to enter her office, she was told that that she couldn’t access the unit due to the sheltering-in-place order and their reduced hours. The attorney advised member that the executive order gave her the ability to conduct “minimum business operations” and discussed options with member of asking that an exterior door be built in order for her to access her space or request that she be released from her lease without recourse. In response to our letter, member was released from her lease. Savings for Member, $11,520.00.
Member contacted our office for assistance with an issue he was having with his joint checking account being garnished because of a debt he owed. Member had previously taken out a home equity loan and began to experience financial difficulty after he lost his job and automobile. Member stated that several years ago he had been sent a letter from the lender waiving the balance, but had recently begun to receive debt collection letters for the balance owed. Eventually, his checking account was garnished. Counsel in our office wrote a letter to opposing counsel advising that the couple had filed a claim of exemption alleging joint ownership of the account being garnished, and in an effort to resolve the case made a settlement offer. In response to our letter, opposing counsel accepted the settlement offer. Savings for Member, $10,370.03.