Subpoena For A Divorce

[bnmappraisal]

In my opinion the original poster had a legitimate question and he-she should be treated with some decency and respect. The first time someone gets a subpoena it can scare the hell out of you.

I think the OP has a legit question as well. (my bold) And I'll just add that the one time I received a subpoena, a couple yrs ago now, I came on here to ask similar questions. Also, regarding the bold above, I can say that it scared the hell out of me! It felt like I was the one being put on trial, looking at life ... but in reality, they just wanted to ask me questions.

My only advice to add is to remember when you are ON THE RECORD or OFF THE RECORD. I wish you all the best and welcome to the Forum!

 

[djd09]

I think the OP has a legit question as well. (my bold) And I'll just add that the one time I received a subpoena,

G Walker is talking about respect. I think once he told me i missed my meds.

This OP question may be worse then the MAI Certified General who didn't know how to become competent in residential appraising. lol

Thanks in advance.....

 

[Artemis Fowl]

G Walker is talking about respect. I think once he told me i missed my meds.

This OP question may be worse then the MAI Certified General who didn't know how to become competent in residential appraising. lol

Thanks in advance.....

If I got a subpoena for the OP's situation, I'd be asking the same type of questions. If my colleagues couldn't answer then I'd be here asking too. I think it's a great set of questions that could be helpful to many readers.

 

[djd09]

If i got a subpoena and didn't know what to do, i would call a lawyer to find out what to do, and that is the advice i gave the OP. But since i am a know nothing unlike all the lawyers here, then that must be some real poor advice.

Personally i would not contact a lawyer. Waste of money for something one can take care of themselves.

 

[Peter LeQuire]

While I agree with Denis, there have been a couple of occasions in which I was required to substantiate information in the reports by referring to my work files. (The cases were divorce actions and one of the parties in the cases was arguing the value in a mortgage-related appraisal.) In one case, there was another appraisal in play and the lawyers were arguing which appraisal was more "credible".

Most of the time, my appraisals were simply put on the record, and I was only asked if I'd appraised the property on its effective date, and whether the my appraisal's value was $zzz,zzz. Most of the time, the attorneys agree to stipulate my appraisal and I don't have to show up (essentially the same effect as the affidavit Denis suggests.)

 

[Peter LeQuire]

Particularly for divorce work, the lawyers generally are sensitive that as little of the couple's money escape their fee demands. I have had several lawyers question my fee (generally the equivalent of 1.25 or 1.3 times my fee for a non-complex secondary market appraisal). I simply counter that I'll do an appraisal for an hourly rate of half theirs.

 

[Riick]

I simply counter that I'll do an appraisal for an hourly rate of half theirs.

Very, VERY nice.
Hung by their very own fees.

 

[Tim The Enchanter]

I have had several lawyers question my fee (generally the equivalent of 1.25 or 1.3 times my fee for a non-complex secondary market appraisal). I simply counter that I'll do an appraisal for an hourly rate of half theirs.

I think you should go to 3/4. Don't cut the sharks any slack.

 

[Deleted member 128537]

Problem. Many lawyers have no clue themselves if you ask them. How many of them have read USPAP or the certifications on the report? The fact this lawyer subpoenaed an appraiser the way he did shows it. Ever see real estate contract written by lawyers? Some of the worst I've seen.

I might however call my E&O because they would probably put you in contact with an attorney on retainer by them who would know something about USPAP and give some guidance on what to do on the stand. It probably wouldn't cost you anything, and they would know the legal issues.

 

[Peter LeQuire]

I think you should go to 3/4. Don't cut the sharks any slack.

The best divorce lawyers here in Mayberry charge $400 and up per hour - I'd be good with half of that.