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.