i don't have enough money or assets to get a surety bonds. All companies want at-least 100% collateral for a bond. Are there any legal options to request for a appeal without a bond ?
Family Law Attorney
Generally not. You need to post a bond to secure the judgment you are appealing from. This cannot be waived.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.
First, your appeal has to be timely. This is extremely important.
Second, you can appeal here in California without a surety bond, but the winning party can levy on the judgment while the appeal is pending.
You need to talk with a lawyer, as appeal procedure is very confusing.
www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.
I agree with Mr. Jacobson. Generally, you are required to post a bond if you want to get a stay of execution of judgment. If you do not apply to get a stay of execution of judgment pending appeal, you may not need to post the bond. In that case, the plaintiff will be free to attempt collection against you despite the appeal. However, there are exceptions to these rules, and in some circumstances, the appellant may also be able to get the bond requirement waived. The law is complex and this forum is not appropriate for such a discussion. Another issue to consider is whether you can appeal on behalf of your corporation if you do not have license to practice law. Under most circumstances you cannot. I strongly suggest consulting with a lawyer since there are strict and short deadlines for appealing. I am in San Ramon. You can call me if you want.
This answer does not create an attorney client relationship. Further, as the answer is going to be posted in public domain, this communication is not protected by the attorney/client privilege.
You do not need to post a bond in order to appeal a judgment in California. The only purpose of the bond is to stay (freeze) enforcement of a money judgment while the appeal is proceeding; it is not a prerequisite to the actual appeal. Further, if there is a money judgment against you, there are way other than a bond to stay enforcement.
My colleague is also correct in advising that you cannot appeal on behalf of a corporation unless you are an attorney.
I recommend that you retain an appellate specialist who can assist you on the stay of execution issue as well as represent your corporation. For more information about appeals, see www.SanJoseAppeals.com.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user 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 may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.