Can judgement creditor file lien on primary residence of plaintiff while the case is in appeal

Asked 7 months ago - Cerritos, CA

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

Attorney answers (3)

  1. Michael Raymond Daymude

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  2. Herb Fox

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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... more
  3. Lara Meredith Krieger

    Contributor Level 3

    1

    Lawyer agrees

    Answered . 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... more

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