Legal Question in Civil Litigation in California
I am in the process of getting a refund back from a company. The owner promised to pay since 09/2008 but has not. I don't want to go to court but a collection agency requires a judgment. Can I file a judgment and put a lien on her credit report and have her refund the money? Or do I have to do this in order to have a collection agency try to collect the money? Can I file a judgment and just get a court order for a refund without getting a collection agency involved too? This is for a civil claim (under $25k) and would mediation be best or an arbitration meeting? Thanks
2 Answers from Attorneys
You can't get a judgment without going to court. Period.
But there are plenty of collection agencies that don't require judgments, and that will even seek one for you under some circumstances.
I would need to know how much this refund is supposed to be and have some useful information about the debtor before I could offer any additional guidance.
You need to sue for breach of contract to get a judgment. Was the promise written or oral? If oral then you only have two years before all your rights are lost. Contact me directly.
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