Step 3: Expected steps & why

Please read the entirety of this page to fully understand

“Unlike a judgment obtained during court proceedings, an arbitrator’s award is not directly enforceable. Until confirmed or vacated by court proceedings, an arbitration award has no more force or effect than a contract in writing between the parties to the arbitration. (Code Civ. Proc. § 1287.6; Loeb v. Record (2008) 162 Cal.App.4th 431, 449.) When the parties voluntarily comply with an award, there usually is no need for further judicial proceedings. However, if the losing party refuses to comply with the award, in order to invoke ordinary judgment enforcement procedures, the prevailing party must bring a petition to confirm the award and enter judgment based thereon. In addition, to assure parties cannot later bring claims that have already been litigated in the arbitration, it is prudent to confirm the award even if the parties voluntarily comply.” (Schorr-Law)

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Let us preface by stating that this is not the most streamlined process and not all front-line court clerks are familiar with this process, so you may need to be persistent and ask to speak to a more knowledgeable court staff person.

 Please read through the attached documents! --> They are to aid you with the all the knowledge you will need to file. 

 

General steps and resources needed for the Confirmation process: 

  • Download your Award from the FairClaims Dashboard (Final page of the award is the “Confirmation Attestation” this may be used as the “Certified Copy” of the award)
  • Download your Agreement to Arbitrate from the upper-right-hand menu in the FairClaims Dashboard (Non-Invoke) -- (Download Award and referred company terms outlining the Arbitration Clause -- Invoke) ****(Difference described at the bottom)
  • Motion to Confirm an Award (FairClaims provides a sample template if your state does not have a specific form ---> Attached) (State specific forms on document 4)
  • FairClaims suggests providing some form of contract or pieces of evidence that verifies the location of services (To show the court that they have jurisdiction over the matter)
  • You will need to “serve” the opposing party (some courts will accept the filing without it but the Judge may later dismiss it if this is missing, please verify with your court). Please inquire with the court for their county specific service expectations and forms. 
  • There will likely be a filing fee, per FairClaims Rules, you may be able to tack on the fees for filing as well as any attorney fees. There is no template for this, please inquire with the courts as to whether they have a specific form for this. 

We also suggest providing the Federal Arbitration Act: 

Under the Federal Arbitration Agreement:

https://www.law.cornell.edu/uscode/text/9/9

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We also suggest providing your state specific Arbitration Act - found on Step 4

Where to file: As this is a pro-se (on one's own behalf) filing, it is absolutely up to you as we are unable to tell you where to file, but when enforcing upon the Award you may need to do so where the owing party has assets (however we cannot say this for certain). You can file in 1) the location where the owing party has assets 2) where the rental (or work) took place or 3) in Los Angeles, as that is the seat of the Arbitration.

Once filed, you may have to go through a mini hearing for the Judge to verify facts of the dispute and confirm the award and make it a judgment. 

You will then have the ability to go on to the writ of execution and garnishment process.

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Click here to proceed to step 4 

 

*****
Non-Invoke: A voluntary process to which both parties has the option to sign-up for FairClaims, often outlined in the Terms of Service for the company referring you. 

Invoke: A mandatory process to which one party is automatically signed up after a certain timeframe from the initiation of the dispute, often outlined in the Terms of Service for the company referring you. 

 

As a reminder, FairClaims is not acting as a legal representative. All communications are for informational purposes only, and not for the purpose of providing legal advice. 

 

 

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