Legal Question in Technology Law in California

I recently hired a freelancer through elance and got into a dispute for an unfinished job, eventually we went into arbirtration through www.net-arb.com and I was awarded a full refund. The free lancer still refuses to process the refund, now I need to file a fieri facias or fi fa , Me and the freelances both live in california. My question is how complicated is it to file fi fa without a lawyer ? and how long does it usually take to process the fi fa ?


Asked on 12/16/13, 12:10 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The term "fieri facias" is not used in California law. It appears in only three appellate cases, and each time in reference to other proceedings in out-of-state courts Pennsylvania, England). Almost all of these "legal Latin" expressions have been replaced by (more or less) ordinary English expressions. Therefore, I'd say it is impossible to file an effective fi. fa. in California, with or without a lawyer. Whoever is telling you to do so must be from out of state.

Procedures for enforcement of arbitration awards in California are outlined in our Code of Civil Procedure. The arbitration law itself starts with CCP section 1280, and enforcement of the award is covered in CCP sections 1285 through 1287.6.

Hopefully the arbitration award you got will be binding and enforceable in California. Your next step may be to take the award to court and have it confirmed as a judgment. CCP 1286 allows the California court to confirm out-of-state arbitration awards. After you carefully review the California code you should be able to decide whether you want to handle the confirmation of the award and collection of the judgment yourself, or whether you need a lawyer.

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Answered on 12/16/13, 1:18 pm


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