I am the plaintiff, due to incompetance of my attorney judge dismissed my civil case and granted court cost and attorney fee, i immediatly filed appeal , meanwhile defendent filed a lien on my proeprty ( i recieved a letter from county yesterday , 3/23/14 stating he filed lein and consult an attorney.
Please any one can help to counter this illegal move by defendent( now judgement creditor).
I need help right away
In most cases, an appeal does not stay enforcement of a money judgment.
Code of Civil Procedure section 917.1 provides: “ (a) Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the
trial court if the judgment or order is for any of the following:
(1) Money or the payment of money, whether consisting of a special fund or not, and whether payable by the appellant or another party to the action.
(2) Costs awarded pursuant to Section 998 which otherwise would not have been awarded as costs pursuant to Section 1033.5.
(3) Costs awarded pursuant to Section 1141.21 which otherwise would not have been awarded as costs pursuant to Section 1033.5.”
You should promptly consult an attorney who can review the exact facts, including the reason costs were awarded to determine if the posting of a bond is required to stay execution. If required, and unless you posted the required bond, there is nothing illegal about recording an abstract of judgment.
My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>
As a general rule, a "pure cost and fee award" is automatically stayed by the filing of a notice of appeal, and if this rule applies, the lien would be improper and you can move the court (and even the Court of Appeal) to strike it. But there are other circumstances where the notice of appeal does not stay the costs/fee award, and the lien (and other execution devices) are proper unless you post an undertaking. I recommend that you consult with a specialist in appeals or collections for specific advice.
This law firm handles appeals in all appellate courts throughout California, except bankruptcy, unemployment and workers comp appeals. Nothing contained in this communication is intended to be, or shall be deemed to be, legal advice, counsel, or services to you or on behalf of you or any other person or any entity. Use of the Avvo website does not create any obligation or relationship between you and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox is not privileged or confidential, and you should not post any information that you intend to keep confidential. Finally, your situation may be governed by legal deadlines, and you may lose your rights if you do not or did not act within those deadlines. You are solely responsible for meeting those deadlines until and unless you retain an attorney.
Staying execution of a money judgment pending appeal is a complex area of the law. I recommend that you consult with an experienced lawyer---in appellate, litigation, or collections law---as soon as possible. For example, it is possible that you must file a bond or undertaking with the superior court to stay execution of a money judgment. In any event, time is of the essence.
The Law Office of Lara M. Krieger handles a wide range of civil appeals in all appellate courts in California and New York, as well as in federal appellate courts throughout the country. Nothing contained in this law firm's communication constitutes legal advice, counsel, or services. Moreover, no attorney-client relationship exists between you and this law firm. Similarly, no confidentiality or privilege protects any of the information and communications posted by you or by this law firm on this website. Accordingly, you should not post any confidential information. Finally, your situation might be (and probably is) governed by deadlines and other procedural requirements. If you do not comply with all governing deadlines and other procedural requirements, you might lose your rights. You are solely responsible for complying with all deadlines and procedural requirements, and this law firm bears no responsibility whatsoever. This law firm provides only generic information, which is not tailored to your specific case, questions, legal rights, filing deadlines, procedural requirements, and the like. This law firm recommends that you consult with an attorney for specific advice on your specific situation.
1 lawyer agrees