If an attorney submit falsified documents toa creditor do thata legal hold was put on my account, can I sue both the creditorand the lawyer?

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If an attorney submit falsified documents toa creditor do thata legal hold was put on my account, can I sue both the creditorand the lawyer?

fraud, legal hold

Asked on April 1, 2011 under Bankruptcy Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is who did wrong--i.e. liablility, or the legal obligation to pay damages or compensation, generally arises out of fault.

So if the attorney knowingly submitted false documents, or possibly if he was negligent in preparing and submitting the documents (e.g. was careless and submitted it in the wrong person's name), the attorney might be liable. On the other hand, if the attorney in good faith and with care prepared the documents based on all the available information, which looked reliable, he may very well not be liable.

Similarly, if the creditor accepted documents which it knew or should have know were false, it may be liable. On the other hand, if it accepted documents that looked legitimate, well-supported, and accurate, it would probably not be.


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