Attorney taking us for a ride?

[Ganesh S.]

Hi folks,

We had a tenant who was back on his rent during the 2009-2011 economic downturn. We had them evicted, with a payment plan for rent owed. To cut a long story short, our attorney (to our surprise) personally guaranteed a large payment of 15K from the tenants in order for us to agree to the payment plan. We were suspicious as to why our attorney is taking the responsibility of the personal guarantee instead of letting the evicted tenant to own all the liabilities. Ofcourse we did agree to the payment plan and the end payment of 15K *because* the attorney assumed personal guarantee for that payment. We had suspicions that he may be cutting a different deal with the evicted tenant in the background, but could not prove it.

Now as per the attorney he did receive the 15K payment from the evicted tenant into his trust account, but the trust account has been frozen by a judge due to unspecified reasons. We have asked him for the exact reasons and communications that he has had to the judge to unfreeze the account, he has not been forthcoming. Its been more than 8 months of back and forth with no progress.

What would be your suggestions to move forward

- Since the attorney has personally guaranteed the 15K, should we file in small claims (we are two partners , so may be as can do 7.5K each)

- Is this even ethical for the attorney to do? Should we file something to the bar?

- Is there any way we can garnish his wage to get back the money he owes us?

Appreciate your help!