Services Not Rendered

by Kathryn
(Los Angeles, CA)

As the executor for my brother's estate, I needed to file in small claims court against General Motors, his employer. Pursuant to that, I needed to serve a subpoena on Bank of America. According to the court clerk, Bank of America did not comply and did not furnish the requested documents; however, Bank of America is now sending me letters stating they did comply and want me to pay for their services. When I called Bank of America's Subpoena Unit, I was advised that even if they didn't comply, I still needed to pay for their time. I actually had to serve them twice. The first time, I was told that the subpoena did not include the date and time of the court hearing. How much time could it possibly have taken to look at the cover of the subpoena and determine the date and time were missing? The second time, I was told that I needed to give notice to the person whose account I was trying to access. Did they actually spend time dealing with documents to know that? Can I be billed for this even though I never signed any contract with them, nor was I advised at the time of service that a fee was involved? If this should go to a collection agency, will this debt be placed against me or my brother's estate? Probate has already closed. I have written several letters to them, but they only reply with the same letter asking for payment. If the law is in my favor, could you please advise me of the statute/code/etc. that applies?

Thank you.

Comments for Services Not Rendered

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Jan 05, 2011
your question
by: Gerri & Mary

Kathryn,

We are very sorry to hear of your father's debt. Unfortunately, this question really needs to be answered by a California attorney. You are welcome to contact our coauthor Robert Brennan at BrennanLaw.com to see if it is the type of matter his firm helps with.

We hope you are able to straighten it out.

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