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?

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3 Lawyer Answers

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.

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
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Answered

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

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