Re: What is best -- arbitration or small cliam for money bac

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On 4/07/04, alpha wrote:
> There is a lawyer refused to return unearnned attorney fee
> after I changed to new lawyer.
> To my understand, if I go to local bar association to do
> arbitration, but arbitration can not force him to return
> the money.
> If I win case in small cliam court, it can force him return
> the money.
> Is it my right ?
> Which is best way to sure I will get money back from that
> lawyer ?

Alpha - If not to personal, how much $$$ are you talking
about? You may want to weight '$$$ v. Grief & Aggravation'

It's probably best to exhaust all avenues before proceeding
with the court:

1. File a grievance with the state bar. If they don't assist
or mediation turns sour then
2. File suit in small claims court. If you "win", it's up to
you to collect the money. If attorney won't pay, you'll need
to file a Writ of Execution which will be served on the
attorney by a deputy (law enforecment officer) together with
a Notice to Debtor/Custodian and a form indicating details of
the goods seized. Translation: The cops will show up at his
doorstep, confiscate some of his personal stuff and hold them
until he pays.

Good luck...