Monday, November 13, 2017

Another court orders Carlos Moore to pay up

Carlos the Clown lost again.  A Chancellor awarded a $28,846 judgement against attorney Carlos Moore's firm, the Moore Law Office, after it failed to honor an assignment of part of a BP lawsuit settlement that was awarded to his client.

Montgomery attorney Donald Bond Bond loaned James Butts and his company, Central MS Construction, LLC, $32,000 to purchase a bulldozer in September 2013.  Butts gave Mr. Bond a signed promissory note and purchased the bulldozer.  A UCC financing statement was filed with the Secretary of State.  The balance is $28,846.

Mr. Butts hired Carlos Moore to pursue a claim against BP at the same time.  Mr. Moore stated in a July 25, 2013 letter that he was representing Mr. Butts in the BP claim and that his loss was $154,230.  Mr. Bond claimed that he would not have loaned the money if no such claim existed.  He required the defendants to sign an assignment of the proceeds of any BP award to him for repayment of the loan.   The assignment states:

For and in consideration of a loan being made to Central MS Construction, LLC, by Donald W. Bond,  I, James Butts, individually and as President of Butts Building Services, Inc., for myself and on behalf of that corporation, do hereby assign unto Donald W. Bond my/our proceeds from the DWH Court Supervised Settlement Program (see attached letter dated June 15, 2013).  The amount of  the settlement proceeds that are assigned is $32,000.00, plus interest of 6% per annum from September 6, 2013 to the date of payment..

I authorize my attorney, Carlos E. Moore of Moore Law Office, PLLC to withhold $32,000.00, plus interest, from any amount that I might receive from the aforementioned settlement and to pay the same to Donald W. Bond....
 Time passed and found Mr. Bond still waiting for his money.  He finally learned in "late in 2016" that the lawsuit was settled but the loan was not repaid.  A demand letter was sent to the defendants but the crickets chirped away.

 

Mr. Bond sued Carloso Moore for the funds in February 2017.  Mr. Bond asked the court to award him a judgement for the balance plus interest as well as an accounting of the settlement proceeds.   All Montgomery County Chancellors recused themselves.  The Mississippi Supreme Court appointed William Barnett to hear the case.

Judge Barnett ordered the Moore  Law Office to pay $28,846 plus interest (8% per annum from December 1, 2016) to Donald Bond.

As expected, Carlos Moore filed a motion for reconsideration, motion to stay, and a notice of appeal.  He argued that Mr. Butts signed a "Completion of Representation Agreement" on January 4, 2014 that released him from any responsibilities to James Butts and his company.  Mr. Moore further said:

Once Mr. Butts applied his signature to said agreement, Defendants no longer  had to honor the assignment from 2013. On January 4th, Mr. Butts authorized disbursement of funds unto himself in its entirety (Mr. Butts received the total  sum  of  Forty  Thousand  Seven  Hundred  Ninety-Seven  dollars  and  70/100 ($40,797.70)).
Mr. Moore also sued James Butts on October 24 in the same court.  He placed the full blame on his former client.  He said he distributed the proceeds to Mr. Butts but Mr. Butts failed to "settle" his debts with Mr. Bond.  Mr. Moore said his client released him from any "obligations  to any of its debts."   He asked the court to award him the damages owed to Mr. Bond as well as an accounting of the proceeds from Mr. Butts.

Kingfish note: Tupelo, Belhaven, Bond..... The judgements and sanctions are starting to add up.

Table of Contents of documents posted below
Page 1: Judgement
Page 2: Moore Motion for Reconsideration
Page 6: Moore Answer
Page 8: Bond petition
Page 11: Loan documents
Page 16: Moore letter to Bond
Page 17: Assignment
Page 19: Bond demand letter










13 comments:

Anonymous said...

The Mississippi Bar should jerk his license. I'm perturbed that he was able to get a license in the first place.

Anonymous said...

Not surprising. Anyone who has ever had a case with Carlos knows he's not too bright. Being able to get on the local tv news and scream racism doesn't mean you're a good lawyer.

Anonymous said...

Hang in there Carlos, your day is coming. Sooner or later some jackass is going to bring you fame and fortune, just stay out of jail and keep from getting disbarred. It won't be easy, but hang in there. And keep hollering racism.

Anonymous said...


Sounds like Carlos and his homeboy (Butts) conspired to stiff the Alabama lawyer out of the BP proceeds with Carlos claiming "the dog ate his homework".

So goes the MBA..... "buyer beware"

Anonymous said...

So... How long do we have to wait until this nut job is disbarred?

Anonymous said...

I hate all this prejudging of Carlos. Yes he is a black lawyer and I'm sure this was a white judge and we don't know the motives behind this ruling or the real reasons why this was allowed only God is the real judge and Carlos has done more for the community that gets left behind and are at a real disadvantage. I for one thinks he had only good intentions. Who's to say that he didn't. We don't know his heart!!! Haters gone hate...

Anonymous said...

I'm not prejudging Carlos. My opinions of him are based on personal knowledge I have of him. I know him and have worked with him many times and know he is not a very bright lawyer. He relies on emotions and unsubstantiated allegations, but never any real proof or evidence. Looks at the Tupelo matter...he made lots of claims but knowingly had no proof to back them. He knowingly lied.

And to say "we don't know the motives behind this ruling or the real reasons this was allowed" is about as disingenuous as it gets. Did you bother to read the pleadings KF attached, particularly the assignment agreement ? Carlos' client and Carlos himself signed the agreement to pay Mr Bonds out of Mr Butts' settlement proceeds and Carlos agreed to pay Bonds out of the settlement money before disbursing it to Butts, but then he failed to do so. And when Bonds inquired, Carlos ignored him. The motive behind this or the reason for the ruling ? Carlos agreed to write a check to Bonds to repay him and then didn't do so. It's very, very clear.

Anonymous said...

News flash @7:49am - NOT EVERYTHING IS ABOUT RACE.

Anonymous said...

@ 7:49 "Carlos has done more for the community that gets left behind"

Do you have examples? It looks like you're drinking the Carlos Kool-Aid.

Anonymous said...

Carlos is obviously quite qualified, or else he would not be a municipal judge in Clarksdale.

Anonymous said...

Absurd comment to say "obviously qualified" or "he would not be a municipal judge in Clarksdale" when describing anything associated with Carlos Moore. It's an appointment and he is the sub for the municipal judge if for example out of town. Dude is racist and "ambulance chasing" the payday and "limelight attention". I hope my hometown is not a victim of his incompetence. If he were a surgeon he would be serving life sentences.

Anonymous said...

OH 10:05pm, your statement is LAUGHABLE. Carlos, is that you?

Anonymous said...

Crooked


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