• Report: #1046558

Complaint Review: Joanna T. Vogel Attorney At Law

  • Submitted: Fri, April 26, 2013
  • Updated: Fri, April 26, 2013

  • Reported By: Peter — Los Anegles California
Joanna T. Vogel Attorney At Law
12383 Lewis St Garden Grove, California United States of America

Joanna T. Vogel Attorney At Law Liar - Non Responsive - Poor Communicator Garden Grove, California

*Consumer Comment: Important Considerations

*Consumer Comment: question??

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I own a commercial property in Costa Mesa. One of my tenants died and Joanna T. Vogel was representing the Estate of the deceased.  I had not received rent for a month or two when I found out that this had happened and Mrs. Vogel got a hold of me.  I told her I needed the stuff out of there so I could rent the place to someone else ASAP. She said it may not be that easy and would take a while and that I had no right to touch anything myself. She promised to be out within 2 months, but it took her 4 months to get out.  

She told me I needed to fill out a creditor's claim to apply for the rent owed and I would only be paid if there is any money remaining from other obligations that the deceased owed. Altough, she was not clear on who should get priority before me and why the available funds would not be divided equally between all creditors according to the percentage of what is owed to them.

Needless to say I sent in my creditors claim and she replied that most likely there would be no funds remaining for me.

I called and sent her several letters asking her to provide me detailed accounting of where the funds went, but I never heard back.

Is it possible that she took the funds and paid herself first, rather than all the people the money was owed????  Yes it is and this is what comes to my mind. All I want from her is  accounting details to so I can see what happened and if legally anything is owed to me, but she would not return my calls or answer my certified letters.

I highly recommend not hiring her. She is a poor communicator and I think she is scamming me of my money and that is why she would not show me the accounting details.  She is also a liar since she told me she would have everything out by 2 months, but it took her 4 months to get out, causing me more lost money from rent.

This report was posted on Ripoff Report on 04/26/2013 07:29 PM and is a permanent record located here: http://www.ripoffreport.com/r/Joanna-T-Vogel-Attorney-At-Law/Garden-Grove-California-92840/Joanna-T-Vogel-Attorney-At-Law-Liar-Non-Responsive-Poor-Communicator-Garden-Grove-C-1046558. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Important Considerations

AUTHOR: DG - ()

Several points should be made with respect to Peter's complaints.  First, Ms. Vogel is and was NOT Peter's lawyer.  According to the complaint Ms. Vogel represented the deceased former tenant.  Second, Peter states that he is a landlord.  Presumably he is familiar with attorneys and likely consults with attorneys from time to time.  Third, Peter's assumptions or desires as to the proper administration of a decedent's estate in California and the order of preferences with respect to payment of creditors is apparently wrong.  The order of payment of claims is a matter of law and can be found in the California Probate Code.  Fourth, Peter's apparent assumption that Ms. Vogal was obligated to consult Peter or somehow provide him with information is also mistaken.  Ms. Vogel did inform Peter that there was an estate.  She also advised him of his right to file a creditors claim.  Peter could have retained HIS OWN attorney or gone to the court house and reviewed the probate file if he was truly interested in the affairs of the estate.  He could also have retained his own attorney to persue an unlawful detainer (eviction) action in order to reclaim the premises sooner.  He did not choose to do so.

I am not Ms. Vogel and I do not work with or for Ms. Vogel.  I am a Calfiornia licensed attorney and have practiced for over 2 decades in this area of law.  However, this complaint is totally without merit and suggests that attorneys are obligated to provide legal advice to independent - NON CLIENT - third parties who somehow think that they shouldn't have to retain their own counsel in legal matters that might affect them.  This complaint is similar to a defendant in a lawsuit expecting the plaintiff's lawyer to tell them what to do.  It is baseless.

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#2 Consumer Comment

question??

AUTHOR: Stacey - ()

What did your attorney say about this situation?
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