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Once an attorney files a motion to stay any judgement execution process, is that an automatic stay?

Flushing, NY |

Or does the person who the judgement is against must wait for the judge to rule on the motion?

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Attorney answers 4


Not sure what your question is, however, when you file a bankruptcy there is an automiatic stay that stops most legal and collection actions against you.



Basically my question has to do wth non bankruptcy courts. If we enter a motion to stay any execution process and the judge didnt rule on it yet, can the person still proceed with the execution process?

Jeffrey B. Peltz

Jeffrey B. Peltz


Thank you for the additional informaiton. I believe that my colleagues have answered your questions. Good luck.


The stay will not go into effect until AFTER the court has issued a ruling on the Motion. Simply filing a motion does not operate as an immediate stay.

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"Automatic stay" is a term of art for a specific procedure under the Bankruptcy Code. Outside of the bankruptcy process one can move to stay execution of a judgment under certain circumstances (typically in connection with an appeal and upon payment of a supersedeas bond) but there is nothing automatic about that stay. Is does not commence, under the rules of most courts, until the order is entered.

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Based on your comment to Mr. Pelz' response, the answer to your question is no. Any stay sought by the motion would not go into effect until the judge rules on the motion. That being said, I would probably advise my client, if I were representing the creditor to refrain from any action to enforce the judgment pending the hearing and order of the court.

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