Legal Question in Civil Litigation in New York

Small Claims Case: Real Estate Issue

Total of $2500 of the money from the sale of my home was being held with my attorney in an escrow acct in order to cover my obligations to a possession agreement. It's been approx 2 months now since moving from the sold property. My attorney sent buyer's attorney letter requesting the release of escrow, which went completely unaswered. No filing of damages or the like. So now it appears that I will be forced to bring this to court. I was advised by my attorney that he will not be attending this hearing (not sure if by choice or otherwise). Since he was the attorney responsible for the escrow and it was his office who actually sent the demand letter I would like to be able to use him as a witness. If I have a subpena issued, will he then be responsible to attend, and if so, should I expect a bill from him?


Asked on 8/06/07, 11:22 am

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Small Claims Case: Real Estate Issue

what you are describing is every real estate lawyer's nightmare. The lawyer is not getting paid, and now is getting pulled into court to testify (still not getting paid).

You should let the lawyer know that you will make the lawyer come to court to testify. He/she may then decide to help you.

I have handled quite a few like this. The trick is to not spend more on the lawyer who is fighting for you than the thing is worth!

Call me if you would like me to represent you.

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Answered on 8/06/07, 11:30 am


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