person served subpoena wants money??

[MarysAWOL]

What is the name of your state? Michigan

Hello, I'm uncertain if I'm posting on the right forum, but, here goes my question. Please redirect me if I'm on the wrong forum.

November, 2003, I asked my then landlord if he would give me my security deposit check early so I could give it to my pending landlord. I also requested that he make the check out to my new landlord. He agreed to that. December 1, 2003, he gave me a check made out to me. I called my new landlord and mentioned that the check was made out to me, she said "not a problem, I'll stamp the back with my business stamp."

A year later I moved from that residence. Thirty days later that landlord sent me a partial refund of my security deposit. One of the many reasons (she included a detailed list of charges) she said she didn't return all of my security deposit is she is saying I didn't pay it all. But I did. I gave her my security deposit from my former landlord ($750) plus I made monthly payments to her from December, 2003, to June, 2004. (she and I signed a promissary note when we signed the lease) I have all of those cancelled checks, however, I don't have the cancelled check from the landlord prior to her.

I'm taking her to small claims court to get my remaining security deposit back. The court date is Monday, January 31, 2005. I originally sent my other landlord a letter asking if he would give me a copy of the bank issued security deposit check. He never responded. So, I had him served a subpoena.

Today, I recieved a letter from him in the mail. The letter was worded as the following:

"I contacted my attorney after recieving your subpoena. He advised me that it would not be inapproriate of me to ask you for $16 for the subpoena serving, and an addtional $10 to get a copy of the cancelled check you requested of me. When I recieve a certified check for $26 I will then make the copy of the check you requested. In which you can either pick up the copy or I can mail it to you."


Ok, my questions are: One, isn't this something like black mail? And two, is this legal for him to do? What do I need to do, if there is something I can do. Do I bring the letter to court on Monday?

Thanks in advance for your help!
Mary

 

[JMPS]

Fee for landlord's service

Arizona-
Your landlord is correct. He is able to charge a fee for his time. I am a process server in the State of Arizona and when I serve Subpoena, I have to make sure that there is a 'witness fee' attached. As for it being 'Certified' I dont believe it has to be. I am unsure of the breakdown for California but here it is $12.00 per day and $.20 per mile traveled to court house. If it is a cut and dry as you say it is, then $30.00 worth of fees or a great price for a security deposit refund of $750.00.
[email protected]

 

[MarysAWOL]

response to JMPS

Michigan

Hi JMPS, Not that it matters, but, I'm in Michigan, not California. Why doesn't it say on the subpoena that the plantiff must pay an additional fee to the person being served? I've never heard that before. Personally, I think the guy is being a jerk. He knows how poor I am, I'm only living on SSI, I'm permantly disabled, for I was born with multiple deformities. Honestly, I don't have the $26 that he wants. I won't have it until Tuesday, February 1, 2005, that's when I get my next SSI check. Can I produce my copy of the subpoena, plus the landlords letter to the judge and explain I couldn't afford to pay per his request? Would that be suffient evidence that there is a cancelled check out there?

 

[seniorjudge]

Michigan

Hi JMPS, Not that it matters, but, I'm in Michigan, not California. Why doesn't it say on the subpoena that the plantiff must pay an additional fee to the person being served? I've never heard that before. Personally, I think the guy is being a jerk. He knows how poor I am, I'm only living on SSI, I'm permantly disabled, for I was born with multiple deformities. Honestly, I don't have the $26 that he wants. I won't have it until Tuesday, February 1, 2005, that's when I get my next SSI check. Can I produce my copy of the subpoena, plus the landlords letter to the judge and explain I couldn't afford to pay per his request? Would that be suffient evidence that there is a cancelled check out there?

Yes, try that. I do not know if it will work.

You must understand that banks sometimes do not return checks. For him to get a copy of a check (even if it was returned) costs him money and time.

Do you not have the $750 receipt?

One, isn't this something like black mail?
No

And two, is this legal for him to do?
Yes

 

[JETX]

One, isn't this something like black mail?

No.

And two, is this legal for him to do?

It is perfectly acceptable and normal for a 'witness' to be compensated both for his time... and his expenses in helping YOU be prepared.

What do I need to do, if there is something I can do. Do I bring the letter to court on Monday?

No, you pay him the funds requested and, hopefully, win your case against your landlord.

Oh, and guess what, you can ask the court to add those costs to your lawsuit.