Legal Question in Civil Litigation in California

Promised $ for help when escrow closed. No contact or response since.

A friend asked me to be his POA just incase he was ever incarcerated again (habitual) so he wouldn't lose his house and things. I agreed and was given General Power of Attny. notarized. Then he was arrested and incarcerated. I took my original POA document to his bank and was placed on his accts as POA. Then I could put money on his books as he requested also took care of rents owed from his tenants. He then decided to sale his realestate. This process was started also with me signing as POA. The house sold and he was able to get out on bond. I saw him several times and my wife even took him to court once this was prior to close of escrow. He even signed a letter saying he would be giving (amt.of money) for all the help in selling of his house to me when escrow closed. That was a couple months and we have heard nothing. He has not called and won't answer our phone msgs. We have been able to keep in touch with other friends who see him on a regular basis and say they remind him to atleast call us. I have no idea why he is acting this way. I do know he did take my name as POA off those above mentioned accts. Am I going to need an attny? And Do I have a case? The amt promised to me is above Calif. sm clms ($5,000.)


Asked on 9/14/05, 12:47 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Promised $ for help when escrow closed. No contact or response since.

If you go to small claims court, bring all of the information about all of the transactions you engaged in for him. It will come down to your credibility versus his. Whom would the court believe? An upstanding persons such as you or a habitual jailbird? Collecting might be problematic, however, since he no longer owns a home. If you know where his bank account is, though, you would be able to levy against that once you receive a judgment. Good luck to you.

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Answered on 9/14/05, 4:14 am


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