It is currently Wed Oct 16, 2019 3:28 pm

All times are UTC




Post new topic Reply to topic  [ 2 posts ] 
Author Message
PostPosted: Mon May 12, 2008 5:53 am 
Offline
Site Admin

Joined: Fri Jul 14, 2006 6:19 am
Posts: 1687
NCO Portfolio Management Inc. v. Gougisha
--- So.2d ----, 2008 WL 1970319
La.App. 5 Cir.,2008.
April 29, 2008

Panel composed of Judges EDWARD A. DUFRESNE, JR., THOMAS F. DALEY, MARION F. EDWARDS, SUSAN M. CHEHARDY, CLARENCE E. McMANUS, WALTER J. ROTHSCHILD, FREDERICKA HOMBERG WICKER, and GREG G. GUIDRY.


THOMAS F. DALEY, Judge.

*1 These consolidated cases involve the request for confirmation of an arbitration award in favor of the credit card company or its assignee and against the alleged debtor. For the reasons that follow, we decline to confirm the awards.


FACTS AND PROCEDURAL HISTORY:

In Case No. 07-CA-604, NCO Portfolio Management, Inc., (hereinafter NCO) filed a Petition to Confirm an Arbitration Award for a credit card debt allegedly owned by defendant, Bertram Gougisha. Gougisha filed for an Extension of Time to answer, but failed to respond within the time allotted. NCO obtained a default judgment confirming the award. This Court affirmed that judgment on appeal. This Court then granted Gougisha's Motion for Rehearing and consolidated this case with two similar cases, Case Nos. 07-CA-882 and 07-CA-884.


In Case No. 07-CA-882, FIA Card Services, N.A., (hereinafter FIA), filed a Petition to Confirm an Arbitration Award against Dorothy Chouest stating that arbitration was conducted pursuant to a contractual agreement between the parties. Chouest denied all allegations in the petition. FIA then filed a Motion to Confirm the Award. At the hearing on the motion, counsel for FIA requested the court confirm the award, arguing the time limit for vacating or modifying the award had passed and the trial court was compelled by statute to confirm the award. The trial judge disagreed and denied the confirmation. FIA appealed.


In Case No. 07-CA-884, MBNA America Bank, N.A. (hereinafter MBNA) filed a Petition to Confirm an Arbitration Award against Nicole Burdett. The petition alleged the MBNA had issued a credit card to Burdett and an arbitration proceeding was conducted, which resulted in an award being issued against Burdett. Burdett denied the allegations in the petition and denied the requests for admissions stating she did not receive notice of the arbitration proceeding and did not know if the credit card agreement authorized arbitration. MBNA then filed a Motion to Confirm Arbitration Award. Defendant filed an opposition to the motion claiming: (1) the arbitration proceeding was held in Maryland and defendant had not waived jurisdiction, (2) the claim was prescribed, and (3) the motion to confirm was filed more than one year after the award was entered and thus violates the time period set forth in R.S. 9:4209. The trial court denied confirmation of the award FN1.


FN1. The trial court held two hearings on MBNA's motion. In the first, the trial court noted prescription was the defense and denied the confirmation, telling the MBNA to “set it for trial.â€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


Top
 Profile  
 
 Post subject:
PostPosted: Sat Oct 04, 2008 12:15 am 
Offline

Joined: Sun Jul 16, 2006 8:52 pm
Posts: 1
Location: Covington, LA
So.2d cite: 985 So.2d 731

Status: Certiorari denied September 26, 2008 (La. S.Ct.)



Steve R. Conley
Attorney at Law
321 N. Vermont Street, Suite 204
Covington, LA 70433
PH: 985-892-7222


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 2 posts ] 

All times are UTC


Who is online

Users browsing this forum: No registered users and 0 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group