Civil suit, $1800. Can't hire an attorney? That's what the lawyer told me. But he want's me to pay a $25?

Question

a month fee. So he can give me legal advice, but he can't go with me into court? He also told me that the advertising co. who's suing me can take my ssi? Should I trust this lawyer?

Answer 1

Mike R is correct. Laughter is simply wrong when he says that no states prohibit lawyers in small claims. Oregon, for example, where I practice prohibits lawyers in small claims courts. I don't know about Oklahoma but it would not surprise me if it has a statute similar to ours in Oregon.

Beyond that, I have to say that $25 is really inexpensive for a lawyer. Could you get a plumber, a doctor, an electrician, or an architect to help you with anything for $25?  

Either the guy is doing you a favor because he thinks you are poor; or he is building his practice and gambling that you will have other legal matters later that will be more profitable for him. Probably the former if you are on SSI.

Oregon statute is given below as an example. I don't know whether or not there is something similar in Oklahoma, but it is certainly plausible.

Answer 2

If the site says free he can not bait and switch you by charging $25.00 unless you agree to hire him. The point of complainants and defendants are not allowed bring lawyers into small claims court is that it is small claims, and many suites filed may be over a couple of days wages, to smashing a car. To keep the playing field fair Lawyers are not allowed. If you think about it, if some one had an employer who ripped off their pay cheque when ever they wanted the employee the person needing the pay would never be able to get justice as they could not afford the lawyer while the employer might be able to have a team of lawyers. I would not pay him or hire him he sounds like an ambulance chaser. I'm sure you could look around locally and find a paralegal. Probably a community group that will give advise pro bono....Mary.  

Answer 3

Here's what's happening. You are going to go to small claims court in a state that does not allow lawyers. However  A lawyer can plan your defense  and strategy while you do the actual execution.

Answer 4

He is full of c**p.  SSI can not be taken under any circumstances.  You can not garnishee Social Security Money PERIOD.  He is just trying to get the monthly payment from you for the prepaid legal.  You don't need a lawyer to go to small claims court with you anyway.  If they get a judgement against immediately ask the judge to be able to file a homestead exemption.  THEY CAN NOT LEGALLY TOUCH YOU, YOUR HOME, YOUR CAR OR YOUR SOCIAL SECURITY MONEY.  Do not put any money into your account other than the SSI then they can not garnishee your bank account either.  If you don't believe me about the SSI money call Social Security 1-800-772-1213

Can't touch you.

Answer 5

He is a crook.  Give him nothing.  Despite the first answer, there is no state that will not allow an attorney in small claims court.  They are not REQUIRED, but they are never prohibited.  In fact, every corporation in small claims court will be represented by an attorney, including every collection agency and most landlords.  Someone who claims they are not allowed to go to court with you is probably not licensed to practice law and that is why they do not want to go.