What is the name of your state? NY
I have a small claims case pending the non-release of escrow which was held to insure obligations on a possession agreement.
I followed thru with all instructions given to me by my attorney, who was also acting as the escrow agent. My attorney sent demand letter in the early part of July which pretty much went unanswered. No damage claims were ever made (not that there would have been any, we left the home in good condition). And much speculation on my attorneys end as to why they just hadn't responded or released the funds.
In any case, I am now pursuing the release of said funds thru smalls claims and my questions are these:
1 - Besides a copy of the possession agreement and about 300 pictures that I had taken of the premises pre and post vacating the property, what else would you suggest I provide the court in order to prove my case?
2- Would I need to subpoena my attorney as he was the acting escrow agent and basically handled any (if any) correspondence with this buyer or her attorney? Or, can I simply request a suboena duces tecum and have the attorney submit any information he has regarding this matter?
3- If it comes down to this, when exactly would the defendant file a counter-claim? Would she need to file prior to the hearing or can she dupe me on the day of the hearing so that I'm not fully prepared with evidence backing my case?
Thanking you in advance for any responses.
I have a small claims case pending the non-release of escrow which was held to insure obligations on a possession agreement.
I followed thru with all instructions given to me by my attorney, who was also acting as the escrow agent. My attorney sent demand letter in the early part of July which pretty much went unanswered. No damage claims were ever made (not that there would have been any, we left the home in good condition). And much speculation on my attorneys end as to why they just hadn't responded or released the funds.
In any case, I am now pursuing the release of said funds thru smalls claims and my questions are these:
1 - Besides a copy of the possession agreement and about 300 pictures that I had taken of the premises pre and post vacating the property, what else would you suggest I provide the court in order to prove my case?
2- Would I need to subpoena my attorney as he was the acting escrow agent and basically handled any (if any) correspondence with this buyer or her attorney? Or, can I simply request a suboena duces tecum and have the attorney submit any information he has regarding this matter?
3- If it comes down to this, when exactly would the defendant file a counter-claim? Would she need to file prior to the hearing or can she dupe me on the day of the hearing so that I'm not fully prepared with evidence backing my case?
Thanking you in advance for any responses.