I met with the Defendant and the Mediator prior to my SC case for Contra Costa County. We signed a binding mediation agreement that states it is not a judgment. The Defendant has not paid per the Agreement. The Agreement says I need to get a form from the Clerk to reopen the case for a Hearing to ask the Judge for a judgement. What form? Is that correct? How do I proceed? Thank you in advance!!Thank you Frank! I don't know how I missed that one when I looked at the forms page before your answer!
To make a motion in small claims court, use the following form:
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
If you entered into a written agreement in the mediation the mediator should have also signed and dated the agreement. The mediator does not the power or ability to enter a judgment. You can go to the clerk and get a form which may have a different title in different counties but generally will say confirmation as a judgment of written stipulated agreement before a mediator. As you are probably aware your attorneys don't do small claims cases, they only can do the appeal of the small claims case. Although, I'm confident and correct in this advisement the clerk should have no problem whatsoever in providing you with the necessary form.
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