KEVIN M. WELDON, Appellant-Defendant, vs. ASSET ACCEPTANCE, LLC, Appellee-Plaintiff., 896 N.E.2d 1181

Summary

The court found that the Uniform Arbitration Act, as adopted by Indiana in Ind. Code § 34-57-2-1 et seq., did not apply to a consumer loan contract; the Federal Arbitration Act (FAA) applied. The court rejected the debtor's claim that service by mail was improper because that method was proper under the National Arbitration Forum's Code of Procedure, which applied to the dispute pursuant to the parties' agreement. There was no reason to toll the otherwise applicable three-month deadline included in 9 U.S.C.S. § 12. Because the debtor did not file his motion within the applicable statutory time frame, he was not entitled to that relief. Further, 9 U.S.C.S. § 9 mandated confirmation of the arbitration award unless the award was vacated, modified, or corrected. Thus, summary judgment was properly entered in favor of the assignee. The arbitration agreement was valid and binding on both parties because the debtor's assent to the binding arbitration provision of the credit card agreement was...