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Documented Efforts to Collect on Attorney’s Fees (Part 4)

by merlin on May 21st, 2015
  • Sumo

In keeping with my tradition, after something is filed, I will post a form version of the document on which identifying features have been redacted.  Today, I supplementally finished the filing of the Complaint in this matter.

COMPLAINT FOR PAYMENT OF OUTSTANDING LEGAL FEES

 

            COMES NOW Merlinus Goodman Monroe, LLC and makes and makes and files this, its Complaint for Payment of Outstanding Legal Fees against XXXXX XXXXX XXXXX, Defendant herein, seeking money damages on the unpaid and outstanding legal debt of said Defendant, and in support thereof states the following:

1.

            Defendant XXXXX XXXXX XXXXX is a resident of XXXXX County, Georgia, and is subject to the jurisdiction of this Court.  Defendant may be personally served at XXXXX Street, Apartment XX, in XXXXX, Georgia 305XX-XXXX.

2.

            Defendant is indebted to Plaintiff on an account in the principal amount of $XXXXX (XXXXX Thousand, XXXXX Hundred Dollars), as more fully appears from the itemized statement of account, a copy of which is attached hereto and incorporated as if fully restated herein as Plaintiff’s Exhibit “A”, plus pre-judgment interest at the statutorily-authorized rate of one and one-half percent per month from the date of formal receipt of the ten-day demand letter, XXXXX XX, 2015, plus attorney’s fees as set forth in OCGA § 13-1-11, “15 percent of the first $500.00 of principal and interest owing on such note or other evidence of indebtedness and 10 percent of the amount of principal and interest owing thereon in excess of $500.00”, totaling $XX (XXXXX Dollars) for his stubborn and litigious action in forcing Plaintiff to rely on the power of the Courts in collecting a recognized, due, and owing debt, and all costs of this action.

3.

            A copy of the Attorney-Client Agreement setting forth this payment obligation, signed by Defendant and owing, is attached hereto and incorporated herein as Exhibit “B”.  A copy of the formal demand letter referred to above, setting forth the payment terms remaining on this obligation and providing a final opportunity to Defendant to pay this obligation without incurring any additional statutory fees is attached hereto and incorporated herein as Exhibit “C”.  A copy of the return receipt for delivery of Exhibit “C” by the United States Postal Service, bearing the signature of XXXXX XXXXX XXXXX, is attached hereto and incorporated herein as Exhibit “D”.

4.

         Exhibit “B1”, an engagement letter sent to Defendant and dated XXXXX XX, 2014, is hereby attached to and included in Exhibit “B”, evidencing a voluntary reduction made in the initial total payment obligation of Defendant by the undersigned, on behalf of Plaintiff law firm, reducing the total amount agreed-to for the representation by Defendant of $XX (XXXXX Thousand Dollars) to $XX (XXXXX Thousand Dollars), the amount of principal which has been sued upon.

5.

            Because Plaintiff has been forced to file suit against Defendant to collect money agreed-upon and owed, Plaintiff has been forced to incur certain expenses, in addition to the attorney’s fees previously requested.  These include costs for filing and costs for service by the XXXXX County Sheriff’s Office.  As of the date of this filing, these costs are approximately $XXXXX.00 (XXXXX Hundred XXXXX Dollars and XXXXX Cents).

            WHEREFORE, Plaintiff respectfully requests the following relief:

  1. For the grant of a judgment against Defendant on the pleadings affixed, which demonstrate a clear and lawful obligation and an inexcusable failure to pay, in the amount of $XXXXX plus statutory interest at a rate of one and one-half percent per month from XXXXX XX, 2015;
  2. For all costs of filing and service related to this action, which service by XXXXX has been necessitated by Defendant’s failure to enter into any dialogue with the undersigned to resolve this outstanding debt; and
  3. For such other and further relief as the Court in its discretion deems fit to grant.

 

Respectfully submitted, this XX day of XXXXX, 2015.

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