How to Enforce an Arbitration Judgment File in Civil Court
You won the arbitration and the dispute is over--or maybe not. Until you collect the award, you still have further work to do. The first step is to simply request payment. If that does not produce the desired result, your only recourse is to go to court. You must have the award confirmed as a court judgment, and then you will have the ability to enforce the judgment as permitted by the laws of your state.
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Instructions
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Call the court clerk to verify that your arbitration award is confirmed as a court judgment. In some situations, such as court-ordered arbitration, the award may become a judgment due to the passage of time (e.g., 30 days from the date of the award) if neither party takes action to set it aside. If you arbitrated through a private agreement, such as using the American Arbitration Association, you will have to file a petition with your court to have the award confirmed as a court judgment.
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Ask the court clerk to give you the date and time when the court can hear your petition to confirm the arbitration award as a judgment, if the clerk cannot verify that it has already been confirmed as a court judgment. You will need to insert the date and time in your petition.
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Prepare your petition using the appropriate court form. Check your court's Web site for the availability of downloading the form. The form will always be available at the clerk's office. Complete the petition with the appropriate information and attach a copy of the arbitration award.
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File the original petition with the clerk. When you file the petition, it is always good practice to take two additional copies to be file stamped by the clerk: one is for your records and the other is for service on the other party.
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Take one copy of the file stamped petition to the marshal or sheriff to be personally served on the other party. The courthouse usually has a marshal or sheriff's office on site just for this purpose.
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Attend the hearing to confirm your arbitration award as a court judgment. These petitions are invariably granted, as it is difficult to set aside or contest an arbitration award. After the hearing is complete, your arbitration award is a court judgment and the other party is now a "judgment debtor."
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Prepare an abstract of judgment form and a writ of execution form for issuance by the clerk of court. Once the abstract is issued, file it with the county recorder's office. This will create a lien on all real property in the county owned by the judgment debtor. Take the writ of execution to the marshal or sheriff in order to levy on the bank account or garnish the wages of the judgment debtor.
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Tips & Warnings
If you want your arbitration award to be confirmed by the court as a judgment, you must make sure your written agreement to arbitrate includes a provision that expressly provides for the entry of a judgment by the court.
