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I want to appeal against a civil judgment against both me and my corporation.

San Jose, CA |

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 ?

Attorney Answers 4

Posted

Generally not. You need to post a bond to secure the judgment you are appealing from. This cannot be waived.

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2 comments

Herb Fox

Herb Fox

Posted

Celia That may be the law in Arizona, but is not the law in California.

Celia R Reed

Celia R Reed

Posted

Nice to hear from you Herb Fox. The law is the same in Arizona and California. What I should have said is that the judgment can be collected while the appeal is pending if you do not bond.

Posted

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.

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Posted

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.

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Posted

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.

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