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What happens after 'judgement' in JAMS?


sillymonkey
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You say you settled, what does the stipulation say?  When a judgment is entered, and you have not made arrangements as to how you are going to pay, they can ask you for it nicely, or they can summon you for a debtors exam to find what assests you have they can take, bank accounts, cars, etc.  or they can just serve your place of employment with a garnishment writ to take out 25% of your expendable income. (whats left after medicare, ssi all that stuff they do deductions from)  OR you can contact them and work out a payment arrangement, sometimes even offer a lower amount for a lump sum instead of payments.

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No stipulation. Just for 'judgment' of the amount to be entered in JAMS. They knew DH is judgment proof so I think they didn't even bother with stipulations since it looked like the old man CA just wanted this case off his books. He just wanted to slop it back off to the OC. So JAMS has approved the settlement but I THINK now the OC needs to find another attorney to bring it back to court? I'm not sure how it works.

Me thinks it's going to be messy for them to bring it back to court because it was 3 cases consolidated into 1 in JAMS...2 county cases + 1 district case. Different court judges presiding

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They can file for a debtors exam to find out if he really is judgement proof.  If he is, they may let it go, or try again in a few years to see if your circumstances have changed.  If they don't renew the judgment after 10 years (they can renew for another 10 years) then it goes away.  BK 7 will also make it go away.  If you have property and they lien it, that is good for 6 years, so if you sold the property, they would get their money from any capitol gains you received.

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Okay, I'm confused.  Isn't there a difference between a "legal judgement" and an "arbitration award"?  Isn't their next step to take that "award" to court and have it turned into a judgement?  And, don't they have to do that before it can appear on CRs or they can garnishee anything?

Actually, award is rendered in JAMS they cannot issue judgments as that is for the courts.

 

If the OC want to spend money and get a judgment they would need to file something like a Motion to Confirm Arbitration Award with a court. In AZ (and likely CO - read any CO Uniform or Revised Uniform Arbitration Act statutes to confirm) they have up to 1 year to file to turn it into a judgment. In AZ we have 90 days to file a Motion to Vacate Arbitration Award which would be to vacate that award and give the party vacating a judgment where they could be awarded reasonable costs also. Vacating is not a trivial task and if the evidence of the limited causes to vacate are not present it is destined to fail. Not an issue here as the OP/DH is not interested in continuing the fight.

 

The award has no teeth until a court confirms it as a judgment. At that point it is a regular money judgment with all the remedies via writ of execution and debtor exams that are typically available.

 

It sounds like (not wanting to continue to fight) sitting back and doing nothing may be an appropriate path for the OP and hopefully the award holder will do the same thing and it will die a quiet death. If the amount was significant is could be a bit more likely they will move to confirm as a judgment and possibly sell the judgment or wait to see if the OPs non-exempt resources improve down the road.

 

As far as reporting to a CR I would think derogatories *might* be possible but they should not be permitted to report a judgment as it does not exist at this point. One thing to watch for (assuming it is permissible) is if they report the consolidated award amount and the CR still shows the original (presumably) three account balances.

 

If I understand correctly the OC wrote a small check to the OP and received an award in favor of the OC for the amount of the alleged debt. First I have heard of that. Seems a little unusual unless it was arbitration agreement stipulated fees or costs being reimbursed.

 

If the parties agreed to give the arbitration tribunal jurisdiction over the three cases it should not matter about where they came from originally they are clean and tidy now waiting for a possible confirmation to judgment.

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