What is the process for collecting a securities arbitration award?
In Kansas, the process for collecting a securities arbitration award begins with the arbitrator. The arbitrator makes a decision, or award, in favor of the claimant. This award is then sent to the respondent (the party against whom the claim was made). The respondent has the option of either paying the award or objecting to it. If the respondent objects to the award, the claimant may petition a court to enter the award through a procedure called an Order of Confirmation. This process is usually done in the county court where the respondent or their attorney is located. The court has the authority to modify or deny the award at its discretion. If the respondent pays the award, the claimant will receive the award amount from the respondent. If the award is not paid, the claimant may file a writ of execution with the court. This writ allows the court to order the respondent to pay the award by a certain deadline. Ultimately, it is up to the claimant to ensure the respondent pays the award. If the respondent refuses to comply, the claimant may file an enforcement action with the court to have their award enforced. This could involve garnishing the respondent’s wages or attaching property to ensure that they comply.
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