Found an issue on this page? Let us know and we will look into it as soon as possible.
Can i file any sanctions against my attorney for withholding my settlement check?
Anonymous4 views5 answers
I had a slip and fall claim which i went to court on 02/07 and won the case. On 03/22 i received release papers that i had to notarize and fax back. Then on 04/11 i received a notice in the mail from defendant insurance company stating my check was mailed to the defendant attorney who will then forward my check to my attorney. Spoke with my attorney on 04/15 and was advised my check is in the mail on it's way to him. Here its almost 3 weeks later and keeps telling me he still haven't received the check
Everyone's practice has been disrupted right now and even the mail delivery to buildings is not being processed like before. After a check has been received it still has to be deposited into the Trust account, get final resolution of any liens on it before you will receive your distribution. If you are desperate, you can ask for a partial distribution once it clears the bank. There is no evidence he is purposefully withholding your check.... There could be delays for other reasons.
Contact your lawyer and ask for an update and ask him to check with the other lawyer. Coming up with stories and asking if you can "file sanctions" won't get you the check any faster.
I want to give you some assurance here that the wait you are experiencing here for your check to arrive is completely common. We are dealing with the same types of mailing delays that have been especially compounded by the global pandemic we are all dealing with. I agree with the previous reply in that you should just call or email your attorney and ask them for an update on the check status.
I agree with my colleagues. Don't assume your attorney is "holding" your check. S/he wants to get paid just like you do, so there is no incentive for him/her to withhold the check from you.
