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HELP! Discover trying to confirm award too soon!?


sillymonkey
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I'm back from a hiatus (still trying to move out of state)

 

OK, so we lost in JAMS in early June (hearing in May, Award in June). As far as I know, the FAA states that you have 90 days to vacate the award in court. The lawyer for Discover (a debt collection lawyer) is trying to confirm the award in 60 days rather than 90 days.

Is this a violation of the FDCPA (on the part of the lawyer)? I assume I can file an objection to the motion to confirm award?

Any thoughts from anyone?

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I don't think this is a violation.  The party with the arb award has up to a year to confirm it in court.  There is nothing to prevent them from confirming early. 

 

Yes, you can (and should, unless you are willing to let the award turn into a judgment against you) file a motion to object to confirmation.  That 90-day period is a window in which YOU have to act, regardless of what the creditor does.  You will need valid (statutory) reasons to object to confirmation.  Read the FAA and your state's arb law for details.  Filing early isn't a valid reason to object.

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