If you’re dealing with a delayed ERC refund and considering legal options, this FAQ will walk you through what to expect from the ERC refund litigation process — including how our ERC FastTrack strategy works.
We’ll answer the questions we hear most from business owners who want results but don’t want risk.
Will litigation increase my audit risk?
No. Filing a refund claim in federal court does not increase your chances of an audit.
You’re exercising a legal right — not triggering enforcement. In fact, litigation can actually reduce your risk of further scrutiny by shifting your case from the IRS to the Department of Justice (DOJ), where it’s reviewed as a legal matter — not a tax enforcement one.
Will I have to appear in court?
No. ERC refund litigation through FastTrack is handled completely by our legal team.
There are no court appearances or testimony required from you. Most claims resolve through settlement or payment — without a single hearing.
How long does ERC refund litigation take?
Once filed in federal court, the DOJ has 60 days to respond by law. That’s a major shift from the IRS, where your claim can sit in limbo indefinitely.
Most FastTrack clients receive a settlement offer or full refund within 6 to 12 months of filing — often faster than traditional litigation timelines.
What does ERC litigation cost?
We structure our fees to work with your business.
There are no massive upfront retainers. During your free ERC claim review, we’ll discuss a fee structure that aligns with your situation and ensures you can move forward confidently.
What if I don’t have all of my documents?
No problem. Our team can help you recover or reconstruct what’s missing.
This includes:
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IRS transcripts
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Filed 941-Xs
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Payroll records
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Documentation from your PEO (Professional Employer Organization)
Lack of access to your original filing doesn’t disqualify you — we’re experienced in tracking down the paper trail and getting your case ready.
Get the full FastTrack Guide in your email — and learn how to cut through the IRS backlog, protect your credit, and get resolution faster.
What happens if my case settles?
If your case results in a settlement, your ERC refund is locked in.
The government can’t claw it back later.
This is one of the biggest benefits of FastTrack. Once your case is resolved through litigation, the refund is considered final — and can’t be reversed, denied, or re-audited later.
Will the IRS retaliate?
No. You are using a legal, IRS-sanctioned process — not doing anything aggressive or questionable.
Filing a refund suit doesn’t trigger enforcement. It creates movement, timelines, and resolution. The IRS expects refund litigation when they’ve delayed action, and the DOJ is required to handle those cases professionally.
What if I’m not sure this is right for me?
That’s exactly why we offer a free ERC claim review.
If your refund is delayed, and you’re unsure if litigation is the right move, we’ll review your:
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Claim size
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Documentation
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Filing status
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IRS response (if any)
And we’ll let you know — plainly and honestly — whether FastTrack is your best path forward.
Coming Up Next
In the next chapter, we’ll explore why California businesses — especially those in Los Angeles — may have some of the strongest ERC eligibility in the country. From shutdown orders to enforcement timelines, location matters — and we’ll explain why.