How does the enforcement process work?

Generally speaking, your options are typically to file in Los Angeles or the location where the work took place.  You can contact your local Clerk of the Court to determine filing requirements locally to you.  That step can be done locally to you (which is generally better since you may have to appear at the confirmation hearing), or in Los Angeles using this form: (http://www.courts.ca.gov/documents/adr106.pdf) since our arbitrations are considered to take place in Los Angeles under our rules.

You will then likely have to have the paperwork served upon the other party.  There is a possibility that the court will request an appearance by you (or an attorney on your behalf) so typically it is best to undertake the process locally to you, though an appearance attorney can represent you anywhere in the country should you choose to file elsewhere. We can also find you an attorney to take care of this for you for $300.  At this point, you’ll have a court judgment, which can then be used to enforce. Then you can take that judgment to get a writ of execution to have the sheriff enforce the award (the same way you would for a small claims judgment).

We're happy to provide any and all information you or an attorney may need in confirming and enforcing the award.  Unfortunately, because we do not provide legal advice and are not acting as your legal representative, we are prohibited from participating in the judicial enforcement process itself.  The form you would need to file in California can be found here:

http://www.courts.ca.gov/documents/adr106.pdf

The correct Los Angeles court for filing can be determined using this tool, found here:

http://www.lacourt.org/filinglocatornet/ui/filingsearch.aspx

Here’s a link to an article that outlines the confirmation process:

"A petition for judicial confirmation must be led no earlier than ten days after, but not later than four years from, the date of service of a signed copy of the award on the petitioner" (Cal. Civ. Proc. Code §§ 1288, 1288.4).

http://www.gibsondunn.com/publications/Documents/Thomson-Jura-Craig-Kostecka-Enforcing-Arbitration-Awards-in-California-Practical-Law-2.2015.pdf

Fortunately, because our decisions are legally binding, the confirmation and enforcement process still is much quicker and easier than going to small claims court.  Please see the attached enforcement sample documents that you can use to take to court.

 

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