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

Asked over 1 year ago - Flushing, NY

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

Attorney answers (4)

  1. Jeffrey B. Peltz

    Pro

    Contributor Level 15

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    Answered . 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.

  2. Guy W Bluff

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    Contributor Level 13

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    Answered . 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... more
  3. Paula Brown Sinclair

    Contributor Level 20

    4

    Lawyers agree

    Answered . "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.
  4. Derek R. Caldwell

    Pro

    Contributor Level 19

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    Lawyers agree

    Answered . 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... more

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