Subpoenaed in Divroce by subcontractor's ex's attorney

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Subpoenaed in Divroce by subcontractor's ex's attorney

Eric F.
Real Estate Investor · Raleigh, NC · Member since 2012 · 427 posts · 297 votes

I have no idea what or why I am being subpoenaed. Basically a guy who did a bunch of work for me last year (the majority of work on 2 rehabs) is in a divorce. Twice his ex's lawyers have sent me a subpoena for what I paid him and both times I provided all the details. I have no problem with that, I get it, there is child support, etc. Now his ex's lawyer has issued me a subpoena to appear in court for their 2 day hearing.

What the hell could they possibly want from me? Why should I have to go do this? What could they need to know? This guy is NOT my employee. As a matter of fact I haven't even used him for anything in a month. This is just ridiculous. Is this common? I cannot imagine this is common practice. 

I truly cannot even figure out what they hope to accomplish. I don't even see what I can tell them. This guy put in floors, installed cabinets, and built a couple of decks. I paid him by the hour. What could I possibly have to do with the divorce? I sent canceled checks and a spreadsheet of all payments. They also have all his bank statements which I assume show the deposits. 

Has anyone been through this? What should I expect?

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  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Did he get a 1099 at year end ?? If not get one sent out.

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  • Eric F.
    OP
    Real Estate Investor · Raleigh, NC · Member since 2012 · 427 posts · 297 votes
    9y

    Yes I sent him a 1099. I also gave his ex's attorney every canceled check, a spreadsheet of every payment, and a letter stating how much I paid him and the work he did. That seems like enough to me.

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  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    then don't worry.. more than likely what might happen is you show up and you'll get to go home. Don't avoid the subpoena. 

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  • Steven Hamilton IIPro Member
    Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    9y

    You should have hired and attorney to reply for you at this point. They are just making your life miserable and making it less likely you'll give him more work. 

    [email protected]224-381-2660
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  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    " I cant remember"      

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  • Eric F.
    OP
    Real Estate Investor · Raleigh, NC · Member since 2012 · 427 posts · 297 votes
    9y

    @Steven Hamilton II Before today I would disagree but now I feel the same way. Basically they asked me for what I paid him through the date of the first request, which I was fine with, and the second request was an updated payment amount before their trial next week, again a reasonable enough request that I have no problem with.

    Appearing is different though. For 1, I got the subpoena at 9am today for next Wednesday. That is just bullcrap in my opinion. And there is not a response with this one, just a summon to appear. I am not sure what an attorney can even do if I hired one.

    The worst part is this guy is the best guy I have ever worked with. Totally honest, on time every single day, does exactly what he says he will do every time, doesn't drink or smoke or do drugs on the job (which should be a given of course but I'm sure I'm not the only one who has rolled up on the jobsite to see some beer cans around), provides input on how to do something better and is almost always correct, does tremendous work, etc. I have never been happier with anyone I have used and that is the truth. I would recommend him to anyone and even vouch to him to the point that if he screwed someone over I'd make it right....endorsements don't get much stronger than that!

    I called the firm to make sure they got my most recent response to their subpoena but they wouldn't tell me, which seems weird. I was just talking to an assistant but the head attorney is supposed to call me. I stated I feel like I gave them everything they could possibly need and I don't see why I have to testify just because I hired this guy to do put in floors, build a deck, install cabinets, and do some tile work. I basically said I cannot see any reason I should have to testify. I probably should have kept my mouth shut but I'm a moron sometimes. I did say this feels like harassment. 

    Lesson learned. If I ever get a subpoena again I'm not doing anything without talking to an attorney first no matter how simple and reasonable the request is.

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  • John Thedford
    Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    I agree with Deanna. I have got a subpoenaed and then never had to testify. YUP..it is an aggravation but you have no choice other than to show up. Hopefully this will be the end of it. Good thing you did the 1099!

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  • Eric F.
    OP
    Real Estate Investor · Raleigh, NC · Member since 2012 · 427 posts · 297 votes
    9y

    UPDATE

    It wasn't that a big of a deal except I wasted my morning there (thankfully they called me yesterday to let me know I didn't have to come in on Wednesday). It was awkward listening to testimony before I got called because honestly none of it is my business. Luckily the case wasn't too bad with accusations but still that is his personal business and there is no reason I should know any of it. I tried my best not to listen to anything anyone said. At the first recess I asked the attorney who subpoena'd me if I could go sit in another room because I felt like all this testimony was none of my business and I should not know what goes on in this guy's family life, but he said he would call me next. He actually apologized and said he would have called me first but he did not know I was there yet (long story, not his fault, the bailiff I checked in with didn't tell him).  

    Basically after he called me to the stand he just asked me what work he did for me and if my spreadsheet of payments was accurate. I wanted to be like "of course it is, you think I'm lying under oath to save this guy some child support?" but I held the sarcasm in check and just said yes. His ex's lawyer asked all the questions but let me compliment the guy pretty big (all of it true). He asked an open ended question along the lines of "how is [blank] to work with" Basically I said his work is great, he is about the only person you can hire in this line of work who is always on time, he never drinks a beer while working, etc. etc. which should be the standard but we all know is not. It was pretty much a 3 minute commercial for the guy. Then they let me go.

     I cannot imagine I possibly added anything to either side of the case. What a waste of my time. 

    However, on the bright side this was the first time I've ever had to give testimony in court so at least it was not defending myself. I am actually glad it happened because I got to see how everything worked with nothing at stake for myself except a Thursday morning. 

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