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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5766
Experience:  20 years of professional experience
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Attorneys in California. a creditor has a

Customer Question

For Collection attorneys in California.
a creditor has a judgment against me that I would like to appeal. I want to know if he can still collect his judgment while we are waiting to get an answer from the appeal?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Maverick replied 1 year ago.
Welcome to Just Answer! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Under CA law, money judgments are not automatically stayed on appeal. See CA Code Civ. Proc. § 917.1(a)(1).
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=916-936.1
However, even if a judgment is not automatically stayed on appeal, a party may obtain a stay of execution by posting a bond from a personal or corporate surety, or by depositing cash or negotiable securities with the court. See Code Civ. Proc. § 917.1.
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Customer: replied 1 year ago.

Hi. What do you mean by judgments are not "stayed" on appeal? it means they can be collected or they cant until the appeal case is resolved?

Expert:  Maverick replied 1 year ago.

Without a stay order or an appeal bond, the judgment CAN BE collected even if the appeal is pending.

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