Or does the person who the judgement is against must wait for the judge to rule on the motion?
Construction / Development Lawyer
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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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.
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Chapter 13 Bankruptcy Attorney
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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