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  1. #1
    Join Date
    Sep 2011
    Posts
    24

    Post Law Firm is Playing Games with Me, How Do I Proceed

    My question involves court procedures for the state of: California

    So more than 13 years ago I got into some trouble (what can I say, I was a dumb kid). I had to do house arrest and was on probation for 3 years, but I eventually got everything dismissed. I was working with a law firm (Wipe Record, who are based out of Texas) because they had told me that my county had filed the dismissal under the wrong statute and because of that my firearm rights were not restored. They charged me over $1300 and this took well over 18 months, but then communication with the law firm started to become non-existent (I was literally calling every week to get updates and sometimes I could never get a hold of anyone). My "case" was passed around to different people within the law firm when finally someone told me to get a firearm eligibility check with the DOJ because they started to get accusatory and started asking me who told me that it was filed under the wrong statute? I went and did the DOJ firearm eligibility check- I received it less than a week later and according to the DOJ, I had no restrictions in regards to owning or purchasing firearms.

    After I provided them the information and they told me that they would be giving me a refund, but since they already did the work, they were only going to be providing me with a refund of about $300 which I told them was unacceptable. Finally, after several discussions, they told me that they would be giving me a refund that was just under $700- not ideal, but definitely better than what they were going to give me before. They told me it would take 120 days to process the refund and that they would notify me once they mailed the check- this never happened and the refund process began on July 29th, 2019.

    Now, it has been almost 6 months and I have not received anything. I followed up with them via an email approximately a week ago, and they said they would get back to me as soon as possible and 6 days later I finally received this response via email:

    I apologize for the late response. Unfortunately, I have not been given the authorization from my finance manager to send out your refund check. My operations manager has informed me that we should be receiving the funding from our finance manager pretty soon. I will reach out to you the moment I am informed that we can mail out your check and will provide you with a tracking number. I very much appreciate your patience.




    At this point, it sounds like they are being shady and they are being slow to respond to my emails and they are slow to answer my calls. They are also refusing to give me a refund. Should I take them to small claims court or should I get another lawyer involved? I am in California and this law firm is based in Texas- if I take them to small claims court how would that even work? This company known as Wipe Record does business all over the country and in California- when I signed all of my paperwork, I did so in California. What are my options? I want my entire refund and I want it as soon as possible.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,501

    Default Re: Law Firm is Playing Games with Me, How Do I Proceed

    Delay is the deadliest form of denial.

    Face it, you're not getting any money back and it'll cost you more to sue, if you get a lawyer, than the amount at stake.

    If you sue in CA they are likely to ignore the lawsuit as well as any judgment you might get.

    Based on all the negative reviews you might just chalk it up to experience, be thankful you have your firearm rights, and get on with your life.

    https://www.yelp.com/biz/wiperecord-austin-6

    Feel free to add your negative review to the other.

  3. #3

    Default Re: Law Firm is Playing Games with Me, How Do I Proceed

    So you want your entire refund and as soon as possible and it has only been thirteen years or so?

    Have you tried wishing in one hand and spitting in the other? Like wishing that you could somehow avoid having your lawsuit tossed out of court because of California's statute of limitations? Here four years at the most and more likely two.

    Not to mention your questionable ability to properly frame your complaint under California's Long Arm Statute and comply with the complex procedures for effecting service of process upon the Austin based law firm.

    And please don't pay any attention to anyone that might propose that your cause of action for the refund accrued - not some 13 years ago - but commensurate with the dates of the recent communications from the law firm. Any promises that might be gleaned from those missives would lack the needed element of consideration.

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