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HealthWest $25,000 refundable deposit has never been returned even after being awarded a legal judgement Century City California
HealthWest Inc offers a MedSpa Franchise. They required me to give them a $25,000 refundable deposit. Refundable if I could not get the financing for the franchise. They stated I did not need any medical experience and would find the Medical director for the business as part of the franchise agreement. There was no banks I could find that would loan me the money without having a medical doctor in place.
In fact I couldnt even get lease for equipment with out a medical doctor. Putting me in a catch 22. Even further more I did not have enough capital to start the business even if I had a medical director. After several months after I requested my deposit back and still not having received my money I filed and won a legal judgment. Several months later and attorny fees more I still have no money.
Doug
Wichita, Kansas
U.S.A.
1 Updates & Rebuttals
Jon
Scotia,New York,
U.S.A.
Doug - you've got the juice!
#2Consumer Suggestion
Mon, November 22, 2004
Doug, if you have a legal judgment against this company, signed by the judge - go get em!
Here are some suggestions for you, check them out with your lawyer:
If you have legal fees from obtaining the judgment, request the court to add the amount of these fees to the judgment (also court costs if not already included).
The court only issues the judgment, they don't collect it for you. But you now have been empowered to seize any assets that this company has, and you have the law on your side.
Bank accounts are the easiest, usually. If you know where their bank account is, have your lawyer
send their bank an information subpoena, with a restraining notice.
This will freeze their bank account and you should be able to get the amount they owe you from it (or part of it for now).
If you don't know where their bank account is, you can "go fishing" by sending the subpoena and
restraining notice to every bank in the area.
Also, check with your Secretary of State to see if this company is registered with them. If so, file your judgment with the Secretary of State, and if they don't pay you, the company is in big trouble.
If you know where their office is, you can direct the County Sheriff to seize their telephones, desks, chairs, and even their wall-to-wall carpeting, any assets they own, and then sell it all at auction towards the judgment.
You should be able to have all of your expenses from collection (including the sheriff' s fee), added to your judgment.
You can always consult with the Court Clerk to see if you can do some of this on your own, with his help, if your lawyer doesn't want to.
Judgments last many years, in some states 20-years, plus they usually collect interest.
I'm not a lawyer, and I certainly don't know what the laws are in your state, so definitely consult with your attorney about what you can legally do to collect on your judgment. I've merely provided you with some possibilities that may or may not apply to collection in the state where you obtained the judgment.
It is my hope that this will energize you to go get your money - you have been legally empowered by the court to collect!
Good luck!