Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

The attorney that represented me original court case, he did…

Customer Question
The attorney that represented me...
The attorney that represented me for the original court case, he did not wish to work on the appeal, so he did not. I won the court case and the appeal that was brought against me from some guy that said he worked for me and I owed him money. I had money owed to me it is NOT a settlement, the court was not even aware the General Contractor owed me this money. The GC received a mechanics lien so my payment for work performed was put in escrow with the attorney for the GC's company. Once the appeal phase ended the attorney for the GC issued a check in my name, which my attorney asked him to send to him directly. Now my attorney won't give me the check. I do owe my attorney some money but this is not a settlement. The attorney should not have sent my check to my no longer attorney. The check is in my name only and he has had it since November. My husband says he looks at this as stealing. He says that the attorney has no right to make you sign it over to him. This was not a settlement this was money owed for a job done no one gave me this money as compensation for the ridiculous lawsuit brought against me by a guy I never even met. I do plan on paying the balance owed to the attorney but I don't beleive he has the right to make me sign it over to him. The check is for alot more than I owe him. Please let me know what you think. thank you
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 34 minutes by:
3/11/2016
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,955
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
By law, as soon as the escrow should be released, the attorney is bound to release the money to you. The rules of professional conduct require him to do so. If you owe him money then he needs to sue you for that money due him for whatever you owe. If he refuses to release your money to you, then your next step is filing a complaint to the NY Appellate Division Attorney Disciplinary Board in your proper judicial district where you and the attorney are located. The appellate division will investigate the attorney's conduct and make him turn over the money to you that he has in his escrow account.
Ask Your Own Legal Question
Customer reply replied 2 years ago
just to be clear he has my actual check made payable to me he wants me to sign it over to him and then he will deposit it to an escrow then give me my money after he takes his balance out of it. i just want the check it is NOT a settlement check he should not have received the check and I believe the attorneys that sent the check to him are also in the wrong NO ESCROW needed.
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
If the check is made to you and is not part of a settlement or judgment, he has no right to hold it and refuse to turn it over to you. If he has a claim against you for some fees due, he knows he has to sue you in small claims and take you to court to get a judgment and he cannot just hold a check in your name as hostage. He is blackmailing you and you can report this to the Appellate Court Disciplinary committee.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 126,955
126,955 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

126,955 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
This guy clls me up says i won a 200.00 dollar gif t card
this guy clls me up says i won a 200.00 dollar gif t card from wallmart he wants 2.95 to actavate it should i trust this … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,047 satisfied customers
I am a licensed GC in Indiana. We were red to paint a house
I am a licensed GC in Indiana. We were hired to paint a house last summer. My crew leader brought a guy on and let him go a few days later because of his attitude. He took me to court saying we owed h… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am a electrical contractor in Cook County IL. I am appealing
I am a electrical contractor in Cook County IL. I am appealing a mechanics lien judgment which I have won everything but the final judgment is that the General Contractor owes my company $21K and my c… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I just won a settlement from an auto accident claim that we
I just won a settlement from an auto accident claim that we settled in court so I asked my lawyer to sit down with me to go over the bills but he is acting like we need to wait until the release and t… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
Massachusetts-GC hasnt paid subs, plumber&electrician, we,
Massachusetts-GC hasn't paid subs, plumber&electrician, we, the clients, are currently post-arbitration-awaiting decision. The subs were great, did their work, the dispute with the GC is over faulty t… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a contract with a general contractor to do a remodel
I have a contract with a general contractor to do a remodel and addition. He doesn't follow plans and specs, only performed to pass codes. He always billed me for things that aren't completed, not don… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Divorce Law; ?can the defendant in new york move the court
Divorce Law; ?can the defendant in new york move the court to order an escrow account; The check is currently given direct to plaintiff however wish for money to be issued from the Escrow and money pl… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I a sub-conyractor doing commerical work. A G.C waited until
I a sub-conyractor doing commerical work. A G.C waited until Dec. 4, 2007 for Add. 7 to come out, than mail contract 16 days past exp. 6 months bid date. Refuse to furnish a FULL SET OF DOCUMENTS per … read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
My attorney received a wage claim settlement in two checks,
My attorney received a wage claim settlement in two checks, one for attorney fees in his name and one for me and only in my name for my wages. He cashed both and did not send me mine until I approache… read more
loeblaw
loeblaw
Judicial Doctorate
1,629 satisfied customers
Is it legal for a judge to force into escrow more money than
Is it legal for a judge to force into escrow more money than a plaintiff is claiming is owed to them? i.e. my ex-wife claims I owe her $70,000 and asked that I be forced to place into escrow "any fund… read more
socrateaser
socrateaser
1,031 satisfied customers
i had agreement with general contractor to to framing ,sitework
i had agreement with general contractor to to framing ,sitework ,trimming , roofing ect that was in contract i gave to him but he never signed them also i was to get 25000 to help gc the house to comp… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I brought a used engine from a guy that said the motor ran
I brought a used engine from a guy that said the motor ran good when it was pulled out of the vehicle. My mechanic gets a hold of the motor and says it's a bad motor. I ask the guy I brought it from t… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I agreed to work for this licensed General Contractor in California
I agreed to work for this licensed General Contractor in California to install marble and stone tiles with intrequint patterns and designs throughout a home for $30.00 an hour. And to sell him some ma… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
if a person lies at trial and is awarded money isnt there
if a person lies at trial and is awarded money isn't there a law that you can sue for three time the money he won?… read more
John
John
Trial Lawyer
Post-Doctoral Degree
688 satisfied customers
i did some paint work on someones vehicle and he ...
i did some paint work on someones vehicle and he refuses to pay his bill. I held one of his car parts,as he paid nothing for any of the work. He sued me for his part, and won the case. The part was re… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
can a sub-contractor be paid direct by owner and will
can a sub-contractor be paid direct by owner and will a lien waiver from the sub contractor be sufficient even though general contractor may refuse to issue his lien waiver for the debt?39433.46576616… read more
The Legal Eagle
The Legal Eagle
Juris Doctor
2 satisfied customers
My husband was named as a co-defendant in a small claims ...
My husband was named as a co-defendant in a small claims case in St. Louis, Missouri last week. We had hired a contractor to complete some work on our house. Part of the work was the installation of g… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
If a party knows that I am refinancing my home, and they ...
If a party knows that I am refinancing my home, and they proceed to file a lien, without discussing the issue in court first, is that legal?, and are there ways to still refinance my home and not pay … read more
The Legal Eagle
The Legal Eagle
Juris Doctor
2 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x