Legal Question in Consumer Law in California

can I file small claim case if the contract has the arbitration clause. I was told that I must have a lawyer and I have to pay the arbitrator fee. I don't have money and this company owes me $3,125 from a 100% money back guarantee that was in the contract. How can I get these people to give me my money. Contract was cancelled apr 20, 2010 and they just keep telling me that I will get my refund but nothing comes!


Asked on 10/08/10, 12:36 pm

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

Write them and says that if they do not agree to arbitration in writing with two weeks, that you are going to file in small claims. Then the court will generally allow you to avoid the Arbitration agreement.

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Answered on 10/13/10, 2:41 pm


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