april s Ynn

This review is from a real person who provided valid contact information and hasn't been caught misusing, spamming or abusing our website. Check our FAQ

Verified Reviewer
| map-marker Houston, Texas

Delay and Attempted Theft of Settlement Proceeds

stars-rating-full stars-rating-full stars-rating-full stars-rating-full stars-rating-full
Updated by user Aug 05, 2021

This problem has now been escalated to the Texas Department of Insurance. We have asked repeatedly for anyone within the Insurance firm or this Law Firm to tell us who the man or woman is who settled this claim and they have refused to state who or answer this in writing.

When an attorney who worked very briefly for this firm left three weeks after his "hiring", a new Power of Attorney was issued revoking any previous Powers of Attorney and this was sent to both this Law Firm and the Insurance Agency. So less than three weeks after my son's accident, they were stripped of all Powers of Attorney. They were then sent a Revocation of Signature for Just Cause because they admitted, in writing that they intended to take 99% of the settlement proceeds and remit only $1000 to my son who was in therapy a year. That was done thru a Notarial process, meaning they had to respond to the Notary as a witness.

They did not. That took effect shortly thereafter.They were then sent a Negative Averment for Release of All Claims, also sent by Notarial Process, and again, they chose not to respond. Automatic Default. That took effect upon the deadline for answering.Since that time I have reiterated in writing that they have no Authority whatsoever to interfere in a Private Contract between the insurance company and the harmed man.

I have even submitted a THIRD Notice of No Power or Attorney, No Authority, No proof of any kind of contract between us and Acting Under "Color Of Law" without the full force of the Law. This is the wording of that law, which they pretend does not apply to them:TITLE 18, U.S.C., SECTION 242Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunitie's secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.And no mention of what Laws these Attorn-eys are operating under. What Law allows you to steal settlement proceeds from people that you do not represent?

People whose claims you did NOT Settle? Can someone please quote me that Law so I might understand it properly? Does such a Law exist? I think not....Yet recently, the insurance company sent a Certified Letter to the CMRA (Commercial Mail Receiver) notifying me of a purported debt owed to someone at this "Law Firm" whom we have never even heard of, spoken to or had any kind of contact or interactions with and who was not with this firm when my son's accident occurred or any time during the settlement process.

Somehow now an unsubstantiated, unverified, unproven, and unvalidated debt is owed to this unknown "person" according to the insurance company???How does that work EXACTLY?We have asked REPEATEDLY and CONTINUOUSLY for any proof of a Debt, a valid enforceable executed contract (which was not executed under threat or duress) any kind of billing statements, judgments or liens and they have completely ignored all requests to validate the debt they claim is owed. If this were a valid debt, they had four years and four months to file a Lien. Yet no such liens, judgments or debts of any kind have ever been proven to this date.A lot of smoke and mirrors and posturing, but never any proof, no matter how many times we have asked them for it.They have been served through Notarial Process of multiple lawful Notices that they have completely ignored as well, as if they are not required to respond. They have no lawful contract, no lawful Powers of Attorney, no proof of settlement of any claims and still, they persist in trying to steal over ten thousand dollars of a claim they admit in their own words, they DID NOT SETTLE.This is not simply bad business, these are criminal actions and when there are two or more involved in those criminal actions, you now have the makings of a Criminal Enterprise.

At last count on my end, I found no less than 40 negative reviews and complaints on various complaint sites of people that have endured horrific accidents and then they were doubly harmed by the theft of their Settlement awards. Anyone can find them if you just click on any and all 1 star reviews. They tell a very sad story for the men and women who were already in a vulnerable position and a very telling story about those who took advantage of them.How many others did not bother to even write a review? Scary...Apparently none of the laws that apply to us mere mortals, apply to any of the men or women that work at this firm as they feel no need to comply with any Fair Debt Collection and Practices Act, nor do they comply with their own Fiduciary Duties to those they claim to re-present (they represent themselves instead) and they refuse to comply with Lawful requests for their own Lawfully required F.A.R.A.

Registration docs or any Declarations of Authority or any Powers of Attorney they claim to have but can never seem to provide as any kind of Proof for their claims.Four years and four months later, we are still having to pursue remedy through various agencies because they refuse to comply with our own Laws and refuse to answer the question "What woman or man settled this claim?" in writing.I pray you never need a Personal Injury attorney, but if you do please beware of shysters such as these are. Do your due diligence in advance. Look up all the reviews. Ask for recent testimonials, etc...

I wish I would have done that initially. We have spent four and half years in concerted efforts to reverse that one bad decision.

Original review updated Jul 15, 2021
Attempted theft of all but $1000 of a $30,500 settlement agreement and then after they were fired for fraud, breach of Fiduciary duties and continued interference in release of settlement claim awards, they refused to provide any required documentation showing they are even Authorized to Act on behalf of the claimant. And even though they have admitted to NOT SETTLING any claims on behalf of the harmed party, which they admit in Writing, they still refuse to stop Tortiously interfering with a claim that they did not settle.

They have also refused to provide any proof of "Delegation of Authority" or F.A.R.A. Registration proof which is a Violation of both State and Federal laws that are punishable by serious fines and even jail time. If you decide to use them DEMAND that they produce these documents.

If you are already using them and experiencing something similar, please reach out to me. This appears to be their Standard Operating Procedures and judging from the 40+ complaints on Google and elsewhere, they have robbed a lot of unwitting victims of their accident settlements.
View full review
Loss:
$24000
Cons:
  • Dishonest fraud non compliance with state and federal laws

Preferred solution: Settlement proceeds plus interest released immediatley.

User's recommendation: Stay FAR FAR Away ~ Will Steal or Delay your Settlement Claims

Why Trust Reviews on PissedConsumer?

  • Professional auto and live moderation
  • 100% user-generated content
  • Equal opportunity and protection
  • Zero tolerance for fake reviews
  • Verified content
  • PissedConsumer is on the Inc. 5000 list

For more information read Blog article