Or does the person who the judgement is against must wait for the judge to rule on the motion?
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.
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.
Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.
Social Security Lawyers
"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.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
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.
DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).