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Small Claims Help Please

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ltr

Junior Member
What is the name of your state? New York

I paid a retired attorney (now deceased) and owner of Brundage Publishing $4000.00 fees toward the publishing of my book and we have a signed contract. I told him that I had no money and didn't want to charge that much money if I couldn't get it back quickly. He assured me that I would have the book and double the money within 3 months. Two years later he has passed away from an illness which he knew he had when he took the money. I found he even tried to sell the business before he died, yet he never refunded my money. I called his wife who kindly told me to file a claim so that I could regain the money. She also said there was no attorney involved and the estate had not been settled.

After filing the claim in small claims court the wife hired an attorney who wrote to the court and asked for the claim to be completely dismissed since Brundage Publishing was a d/b/a for Frank Ressequie and neither one exists.

Thankfully, the judge did not dismiss, but wrote a letter stating that the case was adjourned until the lawyer forms an estate or the plaintiff makes a motion with a basis for putting the case back on the calender.

I think the judge is giving me a clue that I can put the case back on the calender, but I don't know how. When I called the attorney for the widow she said she would sue me if I tried to file a claim. I don't get it! This man took my money and the lawyer threatens to sue me!

Can someone please explain this to me and offer anyway for me to regain the money. I really appreciate any help. Thanks.
 
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