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Heather Suzanne Orr

Heather Orr’s Answers

2 total

  • What happens after a case is compelled into arbitration?

    I am Plaintiff in a civil case and the defendants petition to compel arbitration was granted. It is a limited civil case. Do I need to file with the arbitrator or does it automatically transfer? Is there a statutory time frame in which to take any...

    Heather’s Answer

    You must initiate the arbitration by filing a demand for arbitration with the entity required by your arbitration agreement. If your arbitration agreement does not specify an entity, you can select one yourself. I would recommend JAMS or AAA. I have arbitrated before both entities in California and have found their judges to be excellent.

    As far as timing, you would need to file as soon as practical. If you want too long, you will have to attend a status conference in Court with regard to the status of the arbitration proceeding and, in my experience, California Superior Court judges prefer that you initiate arbitration quickly and will have little tolerance if you sit on the arbitration for an inordinate amount of time.

    Ordinarily, you will have to pay fees to initiate the arbitration. However, if it is a consumer action, and you do not have the money to pay these fees, a fee waiver is available through AAA (and possibly JAMS).

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  • Was sued in Civil Court but Judge made all defendants go to Arbitration. Can I refused to attend this Arbitration or not?

    I backowed 20K on a biz rental and returned keys to the management. I filed Chapter 13/7 a while ago but there was an error from the Trustee and the case was dismissed without my knowledge (mail man forwarded my mail to some one else address, trus...

    Heather’s Answer

    In most instances when a party is judgment proof (i.e. there is no money to be had even if the case is won), the opposing parties will not have an interest in throwing good money after bad.

    By all means, do not ignore a Court order. That will never work out to your benefit. Instead, inform the opposing party and the arbitration service that you cannot afford to pay arbitration fees. It might be in your interest to provide documentation establishing your financial situation, but consult a lawyer before you do that.

    I've encountered a similar situation in my practice and the opposing party agreed to cover the entirety of arbitration costs.

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