Can you enforce an arbitration decision?

A Call 12 viewer went thru arbitration after A&C Brothers Moving and Storage damaged her tables and ruined her floors during a recent move but A&C Brothers hasn't paid.

Stacey Frank-Heit had moved into her dream home. Not a thing was out of place -- until, she said, the movers finished. 

"So they're driving away and I see that my furniture, my table is totally mangled." said Frank-Heit. 

That was just the start, she said, as she pointed out scratches on her hardwood floor and another table,

Frustrated at the damage she found, she contacted the moving company, A&C Brothers Moving and Storage. But the company quickly pointed out that when she signed the contract, she refused additional insurance and agreed the company would only be liable for 60 cents per pound of any damage. 

Upset, Frank-Heit filed a complaint with the Better Business Bureau. The case went to arbitration, which both Frank-Heit and A&C Brothers agreed to. 

Despite the contract, the arbitrator ruled in favor of Stacey, writing there was "no evidence indicating somebody other than movers from A&C Brothers Moving scratched the floors." 

The arbitrator decided the company owed Frank-Heit $900 for the floors, and an additional $1,100 for damage done to her two other tables. 

But a year later, she still hasn't seen a penny.

A&C Brothers, writing to 12 News in an email, said they felt the arbitrator was unfair and unjust and "completely disregarded the terms and conditions of the contract."

They tell us they plan to escalate this to court. 

But what about the legally binding arbitration agreement that both parties agreed to? 

"We absolutely hold both parties accountable, however, we can't make anyone respond to that arbitrator's judgment," said Felicia Thompson of the BBB. 

In fact, to enforce the arbitration you have to go to court -- something Frank-Heit says she also plans to do. 

© 2017 KPNX-TV


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