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Is it considered contempt of court if impound lot is not returning my car to me via court order because they have appealedmy vehicle was wrongfully repossessed, i took the car lot to magistrate court where the judge ruled in my favor that my vehicle had been paid in full and for the car lot to return my vehicle immediately, when i went to the car lot with the court order they refused to give me my vehicle stating they didnt have to because they had filed an appeal,is this legal or are they in contempt of court Attorney answers (2)
Reputation Level 14
Answered almost 3 years ago.
Litigation Lawyer in San Francisco, CA.
You have not provided sufficient information to answer your question because you have indicated whether the car lot posted a bond or obtained a court order staying enforcement of the judgment pending appeal. The general rule may be found in New Mexico Statutes Annotated, ยง 39-3-22, which provides in pertinent part, "B. If the decision appealed from...is for a recovery other than a fixed amount of money, the amount of the bond, if any, shall be fixed by the district court if an appeal is taken...conditioned that the appellant or plaintiff in error shall prosecute the appeal or writ of error with diligence and that if the decision of the district court is affirmed or the appeal or writ of error is dismissed, the appellant or plaintiff in error will comply with the judgment of the district court and pay all damages and costs finally adjudged against the appellant or plaintiff in error in the district court and in the supreme court or court of appeals on the appeal or writ of error, including any legal damages caused by taking the appeal, whether the damages are assessed upon motion in the cause or in a civil action on the bond."
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Reputation Level 20
Answered over 2 years ago.
Litigation Lawyer in Chicago, IL.
The appellate record needs to be examined because what is in the record already sets the stage for what can be done next. The answer to your question may take several hours of legal research.
You might find helpful my Legal Guide Questions to Consider Before Bringing an Appeal http://www.avvo.com/legal-guides/ugc/questions-... Because this matter is so important you should really get a lawyer. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-cho... You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-... No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details. Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. Related Questions1 Attorney answers: 
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