Henson Law Firm Franklin Henson Spartanburg , SC Took my 5000 settlement from a vehicle accident. I never cashed the check it got put in with some papers and I just found it last summer Spartanburg, Atlanta, Enoree, Moore South Carolina, Atlanta Georgia
Oct 18, 2001 I was in a auto accident was taken to Spartanburg Hospital stayed overnight had extensive neck damage, Saw Franklin Henson who took my case and was seeing Dr Kale on Reidville Rd Spartanburg SC for treatment for over a year. Had massage therapy and foot reflexology because I did not want any surgery done, WEnt through the initial with Henson finally did a deposition and after telling the trial attorney chosen by Henson my story ( which I never waivered from ) was told by him Iam not going into court and face off with 12 Bible thumping people I will not take this to trial, so finally came to a $5000 settlement . State Farm sent Henson a check for $5,000 which he apparently depositied in his IOLTQA account and issued me a check in that amount, the day I went to pick up the check was dated Sept 25, 2005 his secretary ask about his commission and he said just give it to her (Iam sure he realized my case was worth more ) and a $500 check from the man insurance co who hit me.
I was under a lot of stress at the time, I was looking through papers and found all the papers relating to the crash, I had cashed the 500 check but the 5000 check was uncashed, I took it to a local attorney who tried to get in touch with a attorney danny smith who took over Hensons files May 12 , 2006 becasue Henson was ordered to cease practicing law in US His business accounts frozen. My 5000 check should have been in his IOLTA account I do not know how they balanced any books with it being outstanding. I took it to a local attorney who tried for 5 months last year to get danny smith to respond about the check and hensons accounts but he never did. I finally searched Henson on line and got his email and told him i wanted my 5000 he told called me names and made out like I did not want to accept the check and on and on it is a degrading email and I would like to sue him for slander. He said if I was foolish enough to throw away 5000 he could not help me.
In the end this story has a lot more but State Farm never got the 5000 back from Henson and I still have the original check Henson gave me sept 2005 uncashed so he apparentley took my money someone did or it would be in unclaimed funds or an account henson had that got frozen. It appears this man was not honest from the start and apparently Dr Kale and him were working together amd I had put my trust in both of them .
All I want to do is to be able to get my settlement and go on with life and I would love to forward the email Henson sent me it is vicious and totally untrue and nasty.
Please let me know what to do Iam in touch with State Farm to see if they can make him give the money back to them . Since I did not cash the check becasue it got stuck in papers he or someone got my 5000 and should be responsible for returning it to me.
1 Updates & Rebuttals
Jerry
Dallas,Texas,
United States
Was The Check Cashed? Certainly with the check number you should be able to find out. If not, the insurance company will have to resend it. Too Much Missing Information From Your Statement.
#2Consumer Suggestion
Sat, August 25, 2018
Hello,
Thank you for sharing your experience with this Attorney. If his practice has ceased operations, he may have had numerous complaints against him from many different people for theft of clients funds or for some other reason. It appears likely given the circumstances you explained. However I have questions about your statement. You said that the Attorney mentioned he never cashed the check. You also state the insurance company mentioned they never received the money back. Now... It has to be one or the other. It can't be both. By law, if a check goes 'uncashed' after some time the money has to be released back into the original account. A person can't hold a check forever..
You stated the insurance company told you that they never received the funds back. So this implies the check was cashed. The insurance company should be able to tell you if the check was cashed. Why don't you request a copy of the check and see which bank it was drawn on. Then you can check with the bank to see if and when the check was cashed. You can request a copy of the check from the Attorney or the insurer who paid the Attorney. That would be what I would do first.
If it is determined that the Attorney cashed the check, then that is theft. He would have had to forge your signature to do so. At this point you will need to do two things. You will need to file a grievance against the lawyer and then apply to the 'Client Funds' account for your state to see if they can repay the $5000.00 to you. Sometimes they want to complete their investigation first before this is done. If I was you I would also file a criminal complaint against the Attorney with your local police or sheriffs department. Theft of Client Funds is also a criminal matter which they will investigate.
You should exhaust all avenues in trying to get your money back. I sure would if I was you. Most people don't know that Client Fund Accounts even exist. States do not publicize them. Their sole purpose is to pay out money to individuals who have their settlement checks stolen by Attorneys. Just google the name of your state and client funds. For instance, you can google 'South Carolina Client Funds Claim' or something similar and it should lead you to the right location. You can also contact 'South Carolina State Bar' and ask how to file a grievance against the lawyer and they will walk you through this process as well.
Good Luck. I feel empathy for you. I've had an Attorney steal from me too. So I know how it feels.