Frequently
Asked
Questions
about
Enforcement

I received an arbitration award in my favor. How do I collect my money?

Congratulations on winning your award. The arbitration award replaces the costly process of filing a lawsuit in the right court, participating in a lengthy, formal discovery and motion process, and the inconvenience of attending a trial in a distant location in order to prove your entitlement to a judgment against the other party.

Can net-ARB help me collect my arbitration award?

Unfortunately we cannot. Collection of an arbitration award is considered to be the collection of a debt. Since net-ARB is not a licensed debt collector it would be illegal for net-ARB to assist in the collection of an arbitration award. We can however, provide an affidavit that may be helpful to you in pursuing collection of the award.

When will I get the money I am owed?

It would be wonderful to automatically receive your money after you file the necessary papers. Unfortunately, the judgment is just one more step in the collections process. If the other party has a job, money in a bank, real estate or other valuable property, it is likely that you will get paid if you are patient. However, if the other party cannot pay because he or she does not have a job or own anything of value, there may be nothing to collect.

If the debtor doesn't pay me, what are some ways to collect the money?

There are several ways to collect from a person who does not pay a debt. A court may order garnishment of wages, where an employer is told to deduct a certain amount of money from the debtor's pay each week and send it to you until the debt is paid. A court may also make an order seizing a bank account. The money in the bank account is then used to pay you. You may seek a court order requiring the local sheriff to sell some of the debtor's property at auction and pay you the proceeds. Or you may be able to place a lien on a debtor's home or other real estate, so that when it's sold, a portion of the proceeds go to you, the creditor.

The laws and procedures are different in every state and every country (see some examples »below). A debt collection lawyer can advise you about the remedies available in the debtor's country.

Can I turn the collection over to a collection agency?

Assignment to a collection agency is an option. Collection agencies typically attempt to collect debts in exchange for a percentage of the amount they are able to recover. You can find a collection agency by searching the internet for "collection agency" in the place where the other party lives or has his or her business. It would be preferable to look for an agency that has experience collecting arbitration awards.

I received an award for a delinquent loan but the amount I am owed isn't worth collecting. What can I do?

Unfortunately, legal proceedings cost money and sometimes the cost is greater than the amount of the debt. This is an obstacle that net-ARB cannot control.

Although it is frustrating to realize that an award isn't worth collecting, remember that had your award been worth pursuing, this service would have saved you hundreds of dollars and dozens of hours, and given you a valuable head start on enforcing your rights.

What is an affidavit of arbitration? Why do I need one? How do I get one?

The affidavit of arbitration is a sworn statement, signed by a net-ARB officer and witnessed by a government official (notary public). The affidavit confirms that the accompanying award is real and not something you made up. Depending on the jurisdiction and court, it may be helpful to have a notarized affidavit before you ask a court to enforce an arbitration award.