Betty109 Posted March 31, 2009 Report Share Posted March 31, 2009 Hi. I'm being sued in Circuit Court for a "Confirmation of Arbitrator's Award," by a third party debt collector for an alleged debt of $18,000, and I'm working on my Answers and Affirmative Defenses, but it seems like my document is way too long. It's 28 pages (it has to be double spaced for MO courts). Do you think that's way too long? Is seems more like a legal brief.Will it make the judge upset if it's this long?Here's an example of one of my Affirmative Defenses (this is my main defense. I have 29 others, plus a counterclaim for FDCPA violations) to show how it's adding up to so many pages. 1. This action is time-barred under the Federal Arbitration Act The Plaintiff claims they were awarded an arbitration award on 7/16/2006; therefore, the one year statute of limitations for confirming the arbitration award has passed as per the Federal Arbitration Act (“FAA”) at 9 U.S.C. § 1 et seq and the plaintiff is not entitled to relief. Other courts have held that the one-year provision of Section 9 is a limitation for obtaining confirmation under the FAA. (See SeeTransport Wiking Trader Schiffarhtsesellschaft MBH & Co. v. Navimpex Centrala Navala, and Photopaint Techs., LLC v. Smartlens Corp., 207 F.Supp.2d 193, 196-202, 204-209 (S.D.N.Y.2002)).Also, what do you think of this defense? The problem is, I can't find any MO case law in support of that statute of limitations. I don't believe that Missouri courts have decided the issue. Thanks,B. Link to comment Share on other sites More sharing options...
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