$99 Down Payment, Inc. v. Garard

CADY, Justice.

A financing company appeals the district court’s denial of its application to confirm an arbitration award resulting from a borrower’s default on payments for a vehicle. We reverse the district court decision.

I. Background Facts and Proceedings.

Charlotte and Jennifer Garard purchased a used 1990 Ford Mustang pursuant to a written installment contract. The arrangement included an arbitration agreement requiring any dispute arising from the sale to be resolved by arbitration. The arbitration provisions included a clause for service of process by mail or personal service. The…