Legal Question in Credit and Debt Law in Florida

I had $16100 held in a Florida attorneys escrow account which was my commission from a real estate sale. My broker put the money there pending settlement of a dispute between us. The attorney frequently notified me in writing that he had the money and would disperse it when the dispute was settled. My brokers company has now filed for bankruptcy. The attorney has stated that he does not have the money and he has died. {the attorney}. The attorney was the brother in law of the broker. I believe that the money was never in escrow. What is my legal position.

Asked on 2/21/10, 3:22 am

2 Answers from Attorneys

Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

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As the attorney notified you in writing that he held the monies in escrow, you may have recourse against the attorney's estate and/or his insurance (assuming a policy is in effect during the relevant time). Also, there may be a claim against the party with which you had a commission agreement depending on the inflows and disbursements into the attorney's escrow account in connection with the transaction out of which the commission arises. You should probably consult with an attorney who can reviiew all of the relevant documents and facts advise you accordingly as to the best course of action.

Answered on 2/26/10, 4:33 am

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