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How do I get a stay of execution on a civil judgment pending appeal?

Hemet, CA |

After a procedural civil judgment was entered and the judge refused to set aside, I filed an appeal. The plaintiff started involuntary collections. I went back to the judge and got a 60 day stay in December 2011. The appellate division says the record won't be complete until March 2012. How do I petition the appellate court for a stay pending determination of the appeal on its merit? Fourth District, Division II is the appellate court. The plaintiff knows the judgment is not likely to stand and wants to involuntarily collect to prejudice my effort, thus the aggressive involuntary collections.

The underlying civil case was contractual and the plaintiff had no standing being an unauthorized party to a contract. The appeal will easily be successful.

Attorney Answers 4

Posted

Money judgments may only be stayed pending appeal by filing an appropriate bond. Look at Code of Civil Procedure section 916 and those that follow. Those sections explain stays of enforcement and appeal bonds.

No appeal is "easily" successful; only about 20% of appeals are successful. You should contact an appellate lawyer in your area for advice in this regard and regarding the appeal bond.

This information is for informational purposes only and for general information. It is not intended to be legal advice. Legal advice must be based on the exact facts of the particular situation, and by necessity this forum is not appropriate for discussion of specific, exact facts. Contact a lawyer for more specific advice.

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Posted

In California, a bond or undertaking is required to obtain a stay on appeal from a judgment or order for “money or the payment of money.”

This rule applies whether the money is payable by appellant or another party and whether or not the “money” involved consists of a “special fund.” (Code Civ. Proc., § 917.1(a)(1); Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1429.)

The bond or undertaking is given on condition that, if the judgment or order is affirmed in whole or in part or the appeal is abandoned or dismissed, the obligor party will pay the amount of the judgment or order plus interest and costs. (Code Civ. Proc., § 917.1(b).)

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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Posted

One would have to obtain a supersedeas bond for the court to stay execution of a money judgment until the appeal is over. One can obtain a supersedeas bond from an insurance company that sells surety bonds, where the insurance company is paid a premium for the bond.

This answer is for informational purposes only. It is not intended as specific legal advice regarding your question. The answer could be different if all of the facts were known. This answer does not establish an attorney-client relationship.

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Posted

My colleagues are correct, but there is more you need to know. There are a variety of ways to perfect a stay of execution of a money judgment, and buying a bond from a surety company is only one. If you have an attorney (and you will need one to win the appeal), he or she should advise you of your options. If your attorney is not familiar with appellate law, or if you do not have an attorney, you should consider retaining an appellate specialist (such as myself) who can fully advise and represent you. I handle appeals throughout southern California, including, of course, in Riverside.

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