Statute of Limitations on Arbitration Award?

[JLevin27]

Hi, I live in California where the statute of limitations on consumer debt is 4 years.

I had a credit card with MBNA and I defaulted in late 2002. In early 2006 whoever owned the debt at that time got an arbitration award against me.

They have never filed the award with superior court so I believe they cannot attach my bank account or wages.

My question is - is there any time limit on arbitration awards if they are not filed with the court?

[JLevin27]

Arbitration awards are just as binding as a judgment. http://www.lectlaw.com/files/adr15.htm

Hi, BigBoy, thanks for the link, it was very informative. I know that an arbitration award can be turned into a judgment, what I wanted to know is whether there is a time limit to do so after the arbitrator has made the award.

I'm not a lawyer so I don't know whether the Federal or State statutes would apply but the link you provided says this:

"Under the Federal Act, a party seeking to enforce an arbitration award must do so within one year after the award is made. However, nothing prevents a successful party from seeking to enforce the award immediately upon its issuance.11 Unless the unsuccessful party has filed
a proper motion to vacate, modify or correct the award (within the time required, as discussed below) the court must enter a judgment confirming the award.

The Uniform Act does not specify a time frame within which a party seeking to enforce an arbitration award must apply for confirmation. However, separate state statutes of limitation may impose time limits. More importantly, in light of how broadly courts have construed the "interstate commerce" phrase in the Federal Act, it would be wise to seek enforcement as soon as possible, and certainly no later than one year after the award is issued."

[JLevin27]

Isn't this your post on another forum? http://www.expertlaw.com/forums/showthread.php?p=256422 That was answered back in October? If you still need more to know more I suggest that you seek the advice of an attorney.

Yes that was my post but if you read it you will see that I did not ask the specific question about how long they have to seek a judgment after getting an award, nor was it addressed in the reply. I think your citation of 1288 is spot-on and exactly what I was looking for. Thanks so much!