Legal Question in Business Law in California
Paid a company to process my Small Claims (California).
Received a letter stating that the check from the company didn't clear.
The Small Claim was filed just before the �3 year expiration.�
Contacted the company...they were already aware, and stated that it would be taken care of.
Contacted the company weekly, because I was not receiving the proof of correction that I requested.
Received a letter stating that the �filing was voided�
Do I have any recourse to save my original Claim (a new filing would be beyond the expiration period)?
Can the Small Claims Processor (company) be held liable for causing the forfeiture of a likely ruling in my favor of a nearly 10,000 case?
3 Answers from Attorneys
Can they be held liable? Probably not, you would have to prove that but for their mistake you would have won , and that's probably not going to happen.
Can you fix the filing date? No whether you hired an agent or you did it yourself it is on you.
I guess this us me but when the deadline was approaching, you did not fill out the form yourself and have it served?
The "processor" company is very likely illegally practicing law. They should be reported to the State Bar. They are only operating legally if all they do is deliver the paperwork, in which case why would you pay for that. Otherwise they must have an attorney in charge of the operation. If that is how they are getting around the issue of practicing without a license, then that attorney subject to State Bar discipline and is guilty of malpractice. Again, report them to the State Bar.
It sounds like you got scammed to me. You may have to contact law enforcement for a referral to the District Attorney.
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