Former Mayfield attorneys sue to recover fees

Nov 25, 9:57 pm EST

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CHARLOTTE, N.C. (AP)—Jeremy Mayfield’s former attorneys filed a civil suit Wednesday against the suspended NASCAR driver seeking nearly $400,000 in unpaid fees.

Meanwhile, Mayfield’s new attorney filed a motion in U.S. District Court that claims NASCAR chairman Brian France misrepresented his primary residence to have Mayfield’s lawsuit moved to federal court.

The two filings marked a busy day of legal wrangling in the case of Mayfield, who was suspended May 9 for failing a random drug test. NASCAR said he tested positive for methamphetamines, while Mayfield has denied using the illegal drug.

Mayfield is currently suing over his suspension.

In the first filing, the firm James, McElroy and Diehl claimed in North Carolina Superior Court that Mayfield owes $371,973.66, plus attorney fees, late charges and interest since Oct. 22.

The firm represented Mayfield from May until October, when he hired high-profile attorney Mark Geragos.

The claim admits Mayfield made some payments during the time he was represented by Bill Diehl, but it states Mayfield was constantly late, often “represented that payments were ‘on the way,’ or ‘being delivered today’ “ and that if Mayfield did come through with money, it was typically “for less than the promised amount.”

The suit also claims that Mayfield agreed in September to make monthly payments of $20,000 until Dec. 15, when he was to make a lump sum payment to cover the full amount. The suit claims Mayfield promised to sign the agreement, but never did.

The second filing, by Geragos’ legal team, is in response to NASCAR’s attempt to temporarily halt the discovery process. In it, Mayfield claims NASCAR should not have succeeding in moving the original lawsuit from North Carolina state courts to federal court.

The change of venue came after France admitted he owns a home in North Carolina, but that Florida is his primary residence.

Mayfield claims in a separate lawsuit France filed against his former in-laws filed four days earlier, France claimed to be a citizen of both states. Mayfield argues that France can’t be a resident in North Carolina for one case to be heard in state court, but then claim to be a resident of Florida so that the Mayfield case is heard in federal court.

“Apparently, Mr. France claims to be domiciled in Florida when it suits him for tax-avoidance purposes, but claims be domiciled in North Carolina when it suits him in litigation,” the filing states.

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Updated Nov 25, 9:57 pm EST
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1975 Comments

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  1. Dave
    1975. Posted by Dave Fri Nov 27 1:32am EST

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    LOL....have to say if Jeremy was slipping the "bone" to "Frannys wife" they are keeping it in the family! There is some dark and doom coming to Nascar/Franscar......They wanted to be at the "head table" .............................................THEY GOT IT!
  2. Racin
    1974. Posted by Racin Fri Nov 27 12:36am EST

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    I have to agree with many of you on this post -- I see this thing getting very, very ugly with some serious mud-slinging going on...

    Not sure why Mayfield's attorney's want to open up France's divorce but there doing for a reason and that reason just might be that France has something to hide...

    I hate to see it all unfold this way but not sure there is any way to stop it now--Going down-hill on a slippery slope—well you just can't slam on the breaks... Yep, ugly is coming...
  3. dikki in pa.
    1973. Posted by dikki in pa. Thu Nov 26 10:49pm EST

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    NASCAR is in no hurry.Simply wait it out,stall,then stall,then stall some more.Stall as long as you can.then when you've exhausted all stalling attempts,file some goofy paper with the court.Then. . . .on and on.Eventually Jeremy will no longer be able to afford an attorney at all.At this point NASCAR will simply settle out of court.Jeremy will have no alternative but to capitulate.It's a sorry state of affairs but this is the way that we get to the "truth" of the matter these days.Nobody knows this anymore than the court system,and unfortunately they don't care one way or the other.Just look at some of the stupid,assinine rulings they've came up with lately!A lot of the times justice has nothing to do with the outcome.It is simply the one that has the staying power to stay in the conflict.And this means the party with the most money at its disposal.Guess what. . . that ain't Jeremy.A bunch of you people won't like this but,Jeremy has never "looked" like a meth head.I've seen a lot of his pictures,never see a drug head in any of them.Have also seen pictures of people that are meth heads,before and present.There is a helluva lot of difference!Many don't look like the same person.But then,I'm just the average person.All I know is what I see.And I don't listen to a bunch of know it all @#$%s,that really don't know any more than I do.I don't need them to make an honest,level headed,common sense opinion!A bunch of you needs to get off the kool aid and back on mothers milk!Her nerves are the only ones that you are grating on!That would be a gigantic benefit to us all. Thank you.
  4. <i>nighttrain08</i>
    1972. Posted by nighttrain08 Thu Nov 26 10:04pm EST

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    If all of you nice people would like to experience a GREAT RACING EXPERIENCE, one that you can take your kids to and they will really enjoy, visit an NHRA race asap! There isn't a bunch of drama buls%*T, you can walk rite up and talk to drivers and crew chiefs, and they are way more exciting to see than a bunch of overpaid, wineass, outta touch preps chase each other in a three hour game of grabass! yes, at one time I was a huge ASSCAR fan, but now I would be embarrassed to be seen at one of their events, it's prettymuch gay and rates rite in there with general hospital. NASCAR is over. NHRA is the last great american race!!!
  5. <i>hafttoo</i>
    1971. Posted by hafttoo Thu Nov 26 9:03pm EST

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    kyle @#$% is a creep
  6. Jennifer
    1970. Posted by Jennifer Thu Nov 26 6:43pm EST

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    kyle acts like he does lines !!!! ............. he acts all jacked up! ......... and thats when the @#$% comes out of him ! (get help @#$%)!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
  7. <i>martin_rulz6</i>
    1969. Posted by martin_rulz6 Thu Nov 26 6:41pm EST

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    All I have to say, as I have before, is that this is going to get very dirt, and its sad that this has to go like it has.
  8. Me
    1968. Posted by Me Thu Nov 26 6:00pm EST

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    Kyle Busch is one of the most talented drivers on the curcuit..Yes,he had some attitudes this past year However so did D.W.when he first started out..He then went on to become a champion..You fans had better hope this young driver continues with his attitude as if he gets it straighten out as did D.W. you know what's going to happen ! Are you scared ?
  9. Me
    1967. Posted by Me Thu Nov 26 5:47pm EST

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    This is All gonna get Ugly before it gets Pretty..At this point Brian wishes he'd Never Ever, Never Ever Fk'd with Mayfield..If your closets dirty ,you'd better not open someone elses' closet ! I really think it's more to this whole drug story than the drugs...Brian will find out that Power isn't the only controller..Good Luck Jeremy....
  10. ALX
    1966. Posted by ALX Thu Nov 26 2:28pm EST

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    methfeild is a prick and never was worth a crap ,he needs to take his no talent ass and go away
  11. art_tidesco
    1965. Posted by art_tidesco Thu Nov 26 12:42pm EST

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    This is plumb ugly and sad.
  12. Greeneyes0412
    1964. Posted by Greeneyes0412 Thu Nov 26 9:28am EST

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    If I had to pick one driver to be a meth user it would be Kyle Busch and not Jeremy Mayfield. Kyle got the looks and actions of a meth user. I wouldn't put it pass NASASS to have switched both thier drug test.
  13. BobB
    1963. Posted by BobB Thu Nov 26 1:17am EST

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    It was sorta funny at first but this particular forum is really going down hill. I'm done with it.
  14. <i>derrik_05</i>
    1962. Posted by derrik_05 Thu Nov 26 12:23am EST

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    Wow Jeremy. Admitting you were an addict and checking yourself into rehab would have been a hell of a lot cheaper and easier than goin through all this crap. I bet Nascar would have forgiven you after treatment, you could have wrote a book about your troubles and maybe been an inspiration to other recovering addicts. God knows there are more than a few Nascar fans on the crystal that would sympathize with your struggles. I don't think you can recover from this canyon you have dug now.
  15. the doctor
    1961. Posted by the doctor Wed Nov 25 10:46pm EST

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    $60k a month for lawyers? probably cant afford meth anymore.
    Now he has celebrity scum lawyer Geragos? this should be interesting as Geragos doesnt argue his case in court as much as he does on talk shows. He typically looks for cases where the other side has enough money to pay him to go away after his client goes broke.
  16. John
    1960. Posted by John Wed Nov 25 10:36pm EST

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    dont drink the kool-aide...there are many cover ups and skeltons, unless you are an insider you never hear of them. Try and find dirt on nascar its not easy.
  17. robert t
    1959. Posted by robert t Wed Nov 25 6:31pm EST

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    JM banging Frances ex-wife??? WOW, now that;s some conspiracy stuff right there!!! If it's true & JM was banging her & brian france does have a thing for gay sex ,then boy o boy is trashcar gonna take a hard spiral down. France got JM's ex-stepmom, Now JM is getting frances ex to rat him out!!!
    Gotta love it!!!! I hope france gets it bad & JM is vindicated!!!!
    If JM is guilty, I'll be the 1st to eat my words!!!!!

    Go to an NHRA race sometime! Talk about a blast! And the drivers are RIGHT THERE!!!! No hiding them from us like asscar!!!
  18. Jennifer
    1958. Posted by Jennifer Wed Nov 25 5:43pm EST

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    kyle does drugs !!!! what a loser!!!!!
  19. big tater
    1957. Posted by big tater Wed Nov 25 5:39pm EST

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    is she a hottie??? prolly not, but if she is i'd hit it! now theresa e .... she uglier than a homemade boat motor!
  20. Damian
    1956. Posted by Damian Wed Nov 25 4:12pm EST

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    Considering Jeremy prefers pygmy goats over women, I dont think he was involved with France's wife. But there may be evidence that France collected videos of Jeremy with the goats in Michael Waltrip's garage. Jeremy should not be so sensitive as it is widely known that he has this fetish for goats.
  21. <i>eljeffo41</i>
    1955. Posted by eljeffo41 Wed Nov 25 3:17pm EST

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    Brian france is an ass-licking dog robber,and so are all of his cronies!On the plus side all this drama is far more interesting than the racing!What a load of crap it's all turned into.I for one stopped attending races long ago,now I find I can no longer stomach watching it on television either, thanks for nothing ASSCAR!
  22. CheatersNeverWin
    1954. Posted by CheatersNeverWin Wed Nov 25 3:03pm EST

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    I think you are going to find that maybe Mayfield was sleeping with France's ex and he is going to try and show that France was getting payback by the way Mayfiled was railroaded...
  23. steve
    1953. Posted by steve Wed Nov 25 2:58pm EST

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    How can Mayfield imply that France's personal life somehow effected the outcome of his drug test two years later. I think he should be ashmed of himself. As for Garegos, he's just a snake defense attorney and you couldn't expect anything less. Mayfield should take his lums, go to re-hab, and get a job where he can perform well. He couldn't drive a cobb up a fat pigs butt from the start!
  24. steve
    1952. Posted by steve Wed Nov 25 2:53pm EST

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    Mayfield and his attorney are SCMUCKS!!! How can they claim that France's private life two years ago, will somehow effect the outcome of Mayfield's drug tests. He needs to take his lumps, go to re-hab and get a job somewhere he can perform well. He couldn't "Drive a cobb up a fat pigs butt" in the first place
  25. AAAAA
    1951. Posted by AAAAA Wed Nov 25 2:50pm EST

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    if nascar wanted to get rid of mayfield. all they have to do is come out and say what drugs he took. present the evidence. as of yet =, they have not presented any evidence.
    brain france started this mess by getting mayfields stepmother involved in this matter,
    talk about fair play.
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