Mazzei & Associates

Review: I had a free consultation with Attorney [redacted] on Friday, 2/7/14. I signed paper to go ahead with the bankruptcy and give my credit card information for an $800 deposit. I was told I would receive a call on Monday, 2/10/14 with instructions. I did not receive a call and became uneasy. Tuesday, 2/11/14 I called and left a message for the attorney as I had decided to change my mind. By the time he called back, I had already spoken with [redacted] who asked that I dont speak to anyone but him from now on and talked me out of cancelling and convinced me to let him process my $800 payment and take the required online course. I told him my biggest concern was losing my credit union account because I had been with them for a long time. He advised I get a bank account elsewhere. I tried, but could not because of credit issues. I spoke with Mr. [redacted] a few more times on 2/11/14 and 2/12/14. He told me not to worry and convinced me to just go ahead with the bankruptcy. He said he would go over my credit reports with me, but was unable to because his internet was down. Finally on 2/12/14 I sent an email asking that he cancel my bankruptcy. Up until this point he was very helpful. I was told that I had to wait for an invoice to be created and the bookkeeper would issue my refund. I left several messages for the bookkeeper [redacted] and when I finally spoke to her, she said she had not yet received an invoice, but once she did she would let me know. I asked when I would receive my refund and she said it should be in time to go out with the end of February checks on the 23rd or 24th. When I finally spoke to [redacted] regarding the invoice, he said it would be created this week, but it never was. I asked that the invoice be itemized so I could see what I was being charged. When I asked about it again, he said the invoice would not be created until March 1. I asked why the delay and he just replied that it would be created on March 1 and my refund would be issued once approved.Desired Settlement: I am just in the dark about what I am being charged for and I would really like all or most of my money back as soon as possible since no work was really done on my case. I feel like I am getting the run around since I decided to cancel.

Business

Response:

This letter is in response to your letter to me dated. February 18, 2014. Thank you for providing me with the opportunity to respond to Ms. [redacted]’s complaint. For the following reasons, I believe the complaint should be dismissed:

_ Ms. [redacted] met with Attorney [redacted], an associate attorney of the law firm on February 7, 2014 in our Johnstown, Pennsylvania location. During the consultation, Ms. [redacted] discussed her financial issues with Attorney [redacted]., and her options were provided. It was decided upon by Ms. [redacted] that she would file a chapter 7 bankruptcy case in order to eliminate the high amount of unsecured debt she had. Ms. [redacted] agreed to pay a total of One Thousand Eight Hundred Dollars ($1,800.00) for representation in the chapter 7 case, an amount that included costs and fees for the representation.

After explanation of the process and the fees, Ms. [redacted] to entered into a legal fee agreement, which itemized the fees and costs for services to be provided. Ms, [redacted] was also provided with, and signed, a Statement of limitations and Liabilities, which provided her with a further explanation of what was to be expected. The Statement clearly provides that no refunds will be provided if the client decides to change her mind after entering into the agreement, as services would be provided upon execution of the agreement. A copy of the legal fee agreement and Statement of Limitations and Liabilities is attached, hereto and marked as Exhibit “A”

Ms. [redacted] provided a retainer payment in the amount of $800,00 on February 11, 2014 and agreed to make monthly payments in the amount of $200.00 until such time as her balance was paid in full.

On February 10,2014 and again on February 11,2014, [redacted], a paralegal with the firm who was assigned to prepare her petition, spoke at length with Ms. [redacted] regarding the process of proceeding with her case. On February 12,2014, Ms. [redacted] informed the office that she no longer wished to proceed with her bankruptcy case and requested a refund. Ms. [redacted] then proceeded to call the office two (2) additional times on February 12, 2014 (despite the fact that the legal fee agreement she signed stated that all calls would be returned within reasonable promptness). Mr. [redacted] spoke with Ms. [redacted] at length again both telephonically and. by electronic mail on February 12, 2014. Despite this, Ms. [redacted] called the office on February 13,2014 and again on February 14, 2014. On or about February 14, 2014, Ms. [redacted] spoke with [redacted], the bookkeeper for the firm. Mrs, [redacted] informed her that a billing invoice would need to be prepared for services performed on her case (per hex agreement) and a refund should be sent to her by the end of February. Mr. [redacted] also made Ms, [redacted] aware on February 14, 2014

that a billing invoice would be prepared and his letter via electronic email also stated that the billing invoice would need to be processed and would then be sent to her along with a refund check.