Fresno, CA asked in Arbitration / Mediation Law for California

Q: If the person doesn't pay the amount decided in arbitration, do we go back to arbitration, or sue in court?

Related Topics:
3 Lawyer Answers
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: I would first threaten to file a lawsuit. If that doesn't work, you can sue them for the money. If the sum is $10,000 or less you can sue them in small claims court. If the sum owed is less that 25,000 you can sue them in Superior Court as a Limited Action. If more than $25,000, you must sue in Superior Court as a regular lawsuit. You can get a lot of information by going to the Court website near where you live and checking it out. Good Luck.

N. Munro Merrick
N. Munro Merrick
Answered
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: You file an action in court to confirm the award, which means you get a judgment that you can go and collect on. Ask your arbitrator to assist you. He may even go to court with you.

Steve A. Buchwalter
Steve A. Buchwalter
PREMIUM
Answered
  • Arbitration & Mediation Lawyer
  • Encino, CA
  • Licensed in California

A: Neither. An arbitration award can be turned into a judgement without suing. You ask the court to turn it into a judgment by filing a Petition to Confirm it as a judgment. Then you could collect on it as you wold any judgment

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.