Legal Question in Civil Litigation in New York

Small Claims case; Real Estate Issue

Buyer of my property held a total of $2500 in an escrow acct (with my attorney acting as the escrow agent) in order to cover my obligations to a Possession Agreement which we had drawn up in order to remain in the home 15 days after closing. We moved out on 6/15/07, and my attorney sent a letter requesting the release of balance of funds earlier in July. This letter had gone unanswered. I have now filed a small claims case and my question is this: Since my attorney has refused to come to court as my witness to this transaction, should I have him subpenaed and if so, will I then be responsible to pay him a ''trial'' fee?


Asked on 8/06/07, 11:10 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Small Claims case; Real Estate Issue

Serve him with a subpeona. He will be appearing as a witness and not as your attorney on the small claims action and is not entitled to a legal fee for appearing as a witness.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 8/06/07, 11:37 am


Related Questions & Answers

More General Civil Litigation questions and answers in New York