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Old 03-03-2019, 03:48 AM   #1
pentmap45
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Default Awarded workers comp judgment never received

California

Hi my mom was fighting a workmams comp lawsuit for ten yrs the last time she went to court the judgement was granted she would have received her money on the following court date but she passed away and never got it.
Her attorney kept all her awarded settlement. What do i need to do to get it from him.
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Old 03-03-2019, 05:11 AM   #2
AFFA
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Default Re: Awarded workers comp judgment never received

I wish to inform you that you may claim that amount as legal heir to your mother. Amount held by attorney is kept under trust and may therefore be demanded by you. If attorney refuses to return the amount received then you may file an action seeking recovery of compensation amount from attorney.

AFF
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Old 03-03-2019, 05:45 AM   #3
adjusterjack
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Default Re: Awarded workers comp judgment never received

Quote:
Originally Posted by pentmap45 View Post
California

Hi my mom was fighting a workmams comp lawsuit for ten yrs the last time she went to court the judgement was granted she would have received her money on the following court date but she passed away and never got it.
Her attorney kept all her awarded settlement. What do i need to do to get it from him.
How long ago did all this happen? Dates would help?

Have you called the lawyer and asked where the money is and why it wasn't paid into her estate?

Did her estate get probated? Who is the executor or personal representative of her estate? That's the person who would have to take any action against the lawyer.

Lots of questions for you to answer.
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Old 03-04-2019, 03:26 PM   #4
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How long ago did all this happen? Dates would help?

Have you called the lawyer and asked where the money is and why it wasn't paid into her estate?

Did her estate get probated? Who is the executor or personal representative of her estate? That's the person who would have to take any action against the lawyer.

Lots of questions for you to answer.
She died sep 2012 ive tried asking him amd all he says is that there is no money but he was paid for his work and when intokd him my attorney would be contacting him he stopped replying
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Old 03-04-2019, 03:41 PM   #5
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I wish to inform you that you may claim that amount as legal heir to your mother. Amount held by attorney is kept under trust and may therefore be demanded by you. If attorney refuses to return the amount received then you may file an action seeking recovery of compensation amount from attorney.

AFF
He says there is no money im so confused
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Old 03-05-2019, 03:13 AM   #6
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Originally Posted by AFFA View Post
I wish to inform you that you may claim that amount as legal heir to your mother. Amount held by attorney is kept under trust and may therefore be demanded by you. If attorney refuses to return the amount received then you may file an action seeking recovery of compensation amount from attorney.

AFF
How would i go about doing that.
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Old 03-05-2019, 05:04 AM   #7
miriam50
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Default Re: Awarded workers comp judgment never received

Report it to the State Bar and ask them for help.

And/or sue in small claims if the amount is not large.
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Old 03-08-2019, 02:22 PM   #8
Highwayman
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Default Re: Awarded workers comp judgment never received

When pentmap45 comes back we'll answer HIS questions. No one knows who you are or why you're asking.
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Old 03-17-2019, 05:06 AM   #9
miranda77
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Default Re: Awarded workers comp judgment never received

He did come back he just did not login under his user name.
That happens once in a while here I have noticed.
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