Summoned to deposition and court

[Scott D. Cook]

Does anyone have any ideas on how to avoid having to depose and testify for a past inspection?
I had performed an inspection on a house for a client that was buying a previously flooded home (at least that was what I was led to believe). The client used the report against the insurance company not wanting to repair certain claimed damage and is suing the insurance company for repair. The insurance company has sent out their own claims person and his report differed from mine (according to the lawyer).
I recieved a letter from the lawyer stating that I performed an inspection on the property and now I was being summoned to give a deposition a hundred miles away and I have to be ready to testify for the suit sometime during the week of June 8th. The court house is also a hundred miles away. I would have to be on call during that whole week!
I was'nt hired as an expert witness. I feel I have been duped and don't feel it is my responsibility to give up a week of work and a day for depositions.. all for a $329 home inspection.
The lady has been showing up to try and serve me papers and my wife keeps sending her away. They called one day and tricked my wife into giving them her name and they added her to the summons... we are basically hiding out trying to avoid them. I have repeated voice mails and messages to call the lawyers office, but I ignore them. In the mean time, they are ratcheting up the pressure to try and force me into it.
Any ideas?

[Larry D. Kage]

The non-public members only area of this board may be a better place for you to discuss this.

Click on edit and delete what you want and post in another, members only, area.

Just a thought...

[Scott D. Cook]

Thanks, it wouldn't hurt to post it there as well.

[James E. Braun, CMI]

Check with your state. I believe most states, you are suppose to get paid. I would just call a lawyer and ask them. The last deposition I gave, I charge $150.00 a hour and I was just a general witness, not an expert. If you just performed a general home inspection, you would be a general witness too. And make sure you make it clear to the one giving the deposition, you are a general witness and not an expert, right before the deposition ever even starts. But your state may be different so I would ask a lawyer. Who knows they might have to pay for your own lawyer to be present with you. It never hurts to ask another lawyer.

[Scott D. Cook]

True... One of the messages stated that they would pay a one time fee of $125, but that's peanuts. That might cover the gas if I have to drive to Tacoma WA a few times.