Law Offices of John T. Orcutt, PC

At first I was nervous about going to a Bankruptcy Paralegal. You hear all the stories about how it's going to be if you file. [redacted] out of the Greensboro office answered all my questions., put my mind at ease. She explained the difference between the two chapters and by the time my appointment was over I already knew what I needed to do and which way to file. My next appointment is in last than a week and I'm ready to go.","pos-4

Wilson Office is a good and friendly office","pos-9

Phone calls never returned. I was also given misinformation by two employees.I have called several times with questions and concerns about my case. No phone calls ever returned. I was also promised as soon as I filed my paperwork the garnishment on my paycheck would stop within 24hrs-48hrs. It actually did not stop for a month. I called and requested an office manager call me due to phone calls not being returned still no service. I did not expect this level of customer service from [redacted] office.Desired SettlementA refund of the down payment.Business Response /[redacted]/The complainant is a client of ours in a Chapter 13 bankruptcy case. We want her to be happy with our law firm and our services. We have been trying to get in touch with her by both phone and email, and will try to address any and all concerns she has. Hopefully, we can straighten out any miscommunication and correct any misimpressions she may have gotten. We are not perfect, but we strive to make every client feel important and listened to. As owner of my law firm, I have provided her my personal cell phone to call.

I had the pleasure of working with [redacted] at the Raleigh, NC Law Office on Six Forks Road. I wrote a thank you note to her on April 6, 2016.
Good morning Ms. [redacted]
I am writing to say thank you for all of your hard work in helping clear the matter of the incorrect information that was filed on my house at Wake County Courthouse. I really do appreciate all of your efforts. You worked tirelessly after I called you in December 2015.
The matter was corrected after Mr. [redacted] filed the appropriate papers.
Again, thank you ever so much.","pos-8

The services we received was wonderful. Everything that was explained was so clear. The paralegal, [redacted] was a jewel. She was so friendly and professional! I would recommend this service to anyone who may need help in building their credit!

I filed bankruptcy with this office this year, and although it seemed like a scary and daunting process to undergo, the staff in the [redacted] NC office was very friendly, knowledgable, and made everything go very smoothly. [redacted], the paralegal I worked with, helped walk me through the process, and made it all very easy for me. I would recommend them highly.

Wilson Office is a good and friendly office

[redacted] was very knowledgable and was able to help me with all of my questions

I had the pleasure of working with [redacted] at the Raleigh, NC Law Office on Six Forks Road. I wrote a thank you note to her on April 6, 2016.
Good morning Ms. [redacted]
I am writing to say thank you for all of your hard work in helping clear the matter of the incorrect information that was filed on my house at Wake County Courthouse. I really do appreciate all of your efforts. You worked tirelessly after I called you in December 2015.
The matter was corrected after Mr. [redacted] filed the appropriate papers.
Again, thank you ever so much.

I first addressed this complaint to Mr [redacted] who is still involved,I received a letter stating Mr. [redacted] sent $1377.81, I sent $1600.00 the letter states my money was put in a trust account.All this was done, after my case was closed, so I had no more obligations to the trustee Mr [redacted] Concerning Mr. [redacted] I was not given an option or opportunity towards a pay arraignment agreement , not knowing my condition at home,just took my money and did as they pleased.I,d also like to know where $222.19 went phone:XXX XXX-XXXX Mr [redacted] /XXX XXX-XXXX/Mr [redacted]Desired Settlementmy $1600.00 back from mr [redacted] and [redacted] and if I still owe mr. [redacted] a pay plan madeBusiness Response /[redacted]/I believe this matter has been fully resolved as desired by complainant, as I will now explain: We represented the complainant in a Chapter 13 bankruptcy filing. In Chapter 13, clients pay money into a Chapter 13 Trustee in accordance with a proposed Chapter 13 plan. In this case, this client (the complainant) was unable to make his payments on time and his case was eventually dismissed. Not knowing that his case was dismissed, the client sent to the Trustee a payment in the amount of $1,600. According to the Trustee's office, this check was, in due course, refunded in full to the complainant by check dated 12/4/14, which the complainant thereafter received and either cashed or deposited, and which cleared the Trustee's bank account on 12/9/14, thereby achieving for this complainant the resolution desired. Parenthetically, the referenced $1,377.81 paid to our office by the Chapter 13 Trustee derived from earlier Chapter 13 plan payments made by the complainant to the Chapter 13 Trustee and, as such, had nothing whatever to do with the said $1,600 payment. This $1,377.81 payment was applied by our office toward partial payment of the $4,035.00 in attorney fees and advanced costs, due and owing for providing representation in the complainant's Chapter 13 filing, the application of which monies was done in strict accordance with the express terms of the fee agreement signed by the complainant with our office.

I made a decision to file bankruptcy and utilized the services of John T Orcutt. I'm 18 months in and there have been Issues that have risen since my filing and confirmation . Each time I've had an issue my point of contact [redacted] have been responsive, attentative and communicated in a positive manner. It's hard enough to make such a decision but when you have the ongoing support and follow up I've experienced it definitely has made it much easier. Thank you John T Orcutt and [redacted] for all you've done through my transition.","pos-1

I have hired them but it seems to me all they care about is getting money but I haven't had anything happen that they said would happen they go days without calling and ask you to do things and don't deliver as promised ","neg-1

At first I was nervous about going to a Bankruptcy Paralegal. You hear all the stories about how it's going to be if you file. [redacted] out of the Greensboro office answered all my questions., put my mind at ease. She explained the difference between the two chapters and by the time my appointment was over I already knew what I needed to do and which way to file. My next appointment is in last than a week and I'm ready to go.

I have hired them but it seems to me all they care about is getting money but I haven't had anything happen that they said would happen they go days without calling and ask you to do things and don't deliver as promised

Refund of RetainerIn December 2014 I met in person with a lawyer about Chapter 7 Bankruptcy. He told me with my income, I was qualified. Several weeks ago, in a phone conversation he told me I did not qualify for Chapter 7 but would qualify for Chapter 13. I let the office know that I was not interested in Chapter 13 and that I wanted a refund because our original contract was predicated on me being eligible for Chapter 7. An office member emailed and said a refund request had been issued. I have tried to follow-up numerous times with 3 staffer and 1 attorney since then but no one has responded. The measure of a business is sometimes not with making a sales but when they lose a sales.Desired SettlementEntire DepositBusiness Response /[redacted]/The client provided information regarding his assets, income, and expenses to our office and had a free initial consultation with an attorney regarding bankruptcy options. The attorney advised the client based on the information that was presented during the initial consultation that he appeared to be eligible for Chapter 7 bankruptcy, and the client was retained. As we worked with the client to prepare his case, he provided our firm with additional documents and information. This subsequent information showed that facts provided to the attorney during the initial consultation were incorrect. Specifically, the monthly expenses turned out to be several hundred dollars per month lower than initially estimated. This decrease in expenses showed that the client did have an ability to repay creditors, and was thus not able to file a Chapter 7 bankruptcy.An attorney discussed the discrepancy with the client and went over various changes the client might be able to make that would allow the client to continue with filing a Chapter 7 bankruptcy. In addition, the attorney went over the option of filing a Chapter 13 bankruptcy. The client requested time to explore possibly making some of the suggested changes and to review all the options that were presented. The client discussed several options with staff members in subsequent communications, including possibly not filing a bankruptcy or filing a Chapter 13. To date, the attorney had not personally received a refund request from the client. The client does appear to have made a refund request to a paralegal via email on June 23, 2014. A response letter was drafted, signed by an attorney, and mailed on July 2, 2014, within 10 days of that request. The response letter includes a check refunding any money the client had paid after deducting the value of services rendered, in accordance with the signed retainer agreement.Consumer Response /[redacted]/John Orcutt may not have a legal responsibility to provide a full refund, but in failing to do so, the firm is overlooking the damage to their long term reputation. The fact of the matter is that I signed a contract predicated on bad advice. They had no business giving me a contract if they could not fulfill the contract. I questioned the attorney after he told me my income qualified for a Chapter 7 and he reassured me that I was no where near the limit. My income hasn't changed (when is the last time State Employees received a raise).Additionally, numerous weeks later once the attorney informed me I made too much for a Chapter 7, I was advised to increase my monthly expenses by, for instance, getting a better apartment. I initially considered doing that but decided it was skirting bankruptcy regulations/laws and was bad advice anyway for someone struggling to pay bills.I plan to ask both my elected representatives and the US & NC Attorneys General Offices to ask for more oversight of the industry.The industry is rigged to the advantage of attorneys.While I did receive a partial refund, in the end I paid something like $900 and have nothing to show for it. I realize John Orcutt is in business to make money but can you imagine any other industry keeping nearly half of a deposit without doing the job? Would you pay a plumber who "tried" but didn't clear the clog?Final Business Response /[redacted]/As we already indicated, the legal advice we gave was based upon the facts as presented by the client. As only makes sense, if the facts change or the facts turn out to be different than those presented, as happened in this case, the advice must accordingly and appropriately change, as it did in this case. In this case, when new, substantially different, facts came to light (not an increase income, but rather a significant lowering of expenses), the client no longer qualified under the law to file a Chapter 7 bankruptcy case. As lawyers, we don't make the law. We merely apply it. Accordingly, we advised the client that there was now a problem qualifying for Chapter 7, and also accordingly, turned our attention and advice to other possible options, including Chapter 13. We are not saying that this client did anything wrong. It is certainly admirable to a person to lower his or her expenses and to move in the direction of living more frugally, but faced with significantly lowered expenses, under the law, he placed himself (however inadvertently) in a position where he no longer qualified to file under Chapter 7. Based upon the level of expenses as initially related to our office, everything looked fine. With his expenses significantly lower, we had no choice but to adjust our advice. If the client had not lowered his expenses significantly after retaining our office, we would not be addressing this complaint. Had we known the level to which he was going to lower his expenses at the time of his initial interview, thereby giving us an accurate picture of what "was to be", this client would have received the full benefit of a totally free, initial consultation, gotten his questions answered and either left our office or hired us to file a Chapter 13 case. Had he not significantly changed the facts by substantially lowering his expenses, he would not be left with "nothing to show for it". However, having been presented with, what turned out to be, "prospectively" inaccurate facts, this client put us to work on his behalf, in effect, forcing us to spend considerable time working on his behalf, all of which time is fully itemized in an email and letter sent to the client. We charged the client in strict compliance with the terms and conditions of the fee contract that the client signed with our office. This client invokes the following analogy: "Would you pay a plumber who 'tried' but didn't clear the clog?" The answer is "yes", if you forced the plumber to spend his time to come all the way to your house for "nothing" because, as it turned out, there was no clog, or you had figured out how to fix the clog before the plumber got there, or the real problem was something other than a clog. As with lawyers, the plumber's time and advice are his stock in trade. If you contract the plumber's time, you owe him for the time contracted. For the record, we wish this client only the best in finding a solution to his debt problems, and would be more than willing to try to help the client find a solution, should this client wish to return to us for help. Lastly, for the record, the industry is not rigged to the advantage of attorneys. Quite the opposite is true. Final Consumer Response /[redacted]/(The consumer indicated he/she DID NOT accept the response from the business.)In response to John Orcutt's partner, I would not expect a lawyers office to ever accept admission of responsibility. Indeed a bankruptcy attorney is, for the most part, about finding a way to have people released from responsibilities - so it is no surprise that he would do the same for himself. In the response, the attorney likes to rely on the contract but never really accepts responsibility for the fact that the contract was signed based on faulty advice.There indeed was a "clog" and that was the foreclosure - the only reason I wanted to file (not my other debts). That faulty advice brought about hundreds of dollars in late fees from my other creditors; I am still trying to sort that out and become current. (I had no late payments other than the mortgage prior to the visit with the attorney.)Nothing about my income increased and nothing about my expenses decreased except that I no longer had a mortgage payment due to the foreclosure. The attorney should have known this at the initial appointment particularly in light of the fact that after he told me I qualified for a Chapter 7, I expressed doubt about my eligibility given my income.Given Mr. Orcutt's reputation in the industry, I am disappointed in his firm's failure to recognize culpability and poor customer service.I plan to file a complaint with my State & Federal representatives, the NC & Federal Attorneys General, as well as the bar. I accept the attorney's well wishes and I wish him the same. My future actions aren't based on animosity. It's about protecting consumers from an industry that has stacked the deck so that there can be a limited number of outcomes - all in the industry's favor. The industry simply needs more regulation.

I had [redacted] for my first step and she was great. Very knowledgeable and helpful. I liked the way she explained things to me

Refund of amount of 1850.00Filled out information paperwork about my case.Later decided that I no longer needed there law firm to represent me. 10 weeks ago I informed them that I no longer needed there services. No services were ever provided to me.Have contacted them by phone and email. All I have gotis a lot of excuses so far. Desired SettlementRefund of my DepositBusiness Response /[redacted]/Attorney [redacted] here: On 10/19/15, I personally drafted and mailed to this client what we call a refund request response letter which is basically a final accounting sent to a client who has retained my law firm and who later changes his mind, decides to not proceed with the filing of a bankruptcy case and inquires about a refund. This letter provides a full itemization of the services provided in strict accordance with the terms and conditions of the fee contract the client signed with our office at the time this client retained our office. Since it would appear that this client did not receive me letter, I checked the client's file, found another (hopefully correct) address and have mailed this letter to the client at this second address. The client's statement that "no services were ever provided" is simply not true. Respectfully submitted.Consumer Response /[redacted]/To this day Nov 11 2015 I have not received a letter of any kind of his law office. Which doesn't surprise me. The only service which was offered to was what I call a bait and switch deal. Respectfully I declined that because it was in there best interest not mine. Respectfully submitedFinal Consumer Response /[redacted]/(The consumer indicated he/she DID NOT accept the response from the business.)close complaint as not resolved.Final Business Response /[redacted] 14, 2015/12/11) */Attorney John Orcutt here: Having provided the client will a full and detailed itemization of the services provided, in strict accordance with the terms and conditions of the fee agreement that the client personally signed, I really have nothing more to add.

I filed bankruptcy with this office this year, and although it seemed like a scary and daunting process to undergo, the staff in the [redacted] NC office was very friendly, knowledgable, and made everything go very smoothly. [redacted], the paralegal I worked with, helped walk me through the process, and made it all very easy for me. I would recommend them highly.","pos-7

I had [redacted] for my first step and she was great. Very knowledgeable and helpful. I liked the way she explained things to me","pos-2

The services we received was wonderful. Everything that was explained was so clear. The paralegal, [redacted] was a jewel. She was so friendly and professional! I would recommend this service to anyone who may need help in building their credit!","pos-3