How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask John Your Own Question

John
John, Attorney
Category: Legal
Satisfied Customers: 2822
Experience:  Licensed and practicing attorney.
71296933
Type Your Legal Question Here...
John is online now
A new question is answered every 9 seconds

1. When appealing a monetary damage judgment from a trial court,

Customer Question

1. When appealing a monetary damage judgment from a trial court, is bonding the judgment mandatory?
2. If not, are there conditions that may make the bonding request more likely?
3. Are certain defendants such as Cities and Counties exempted from any such mandatory bonding?
Submitted: 11 months ago.
Category: Legal
Expert:  John replied 11 months ago.

Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.
I'll answer your questions as follows:


1. When appealing a monetary damage judgment from a trial court, is bonding the judgment mandatory? - Answer - first it is not mandatory that you seek a stay of the trial court pending appeal. If you do not seek a stay, the judgment creditor can begin to execute on the judgment regardless of whether an appeal is pending - i.e., they can begin the collection process. A stay of court pending appeal may be conditioned on the posting of a good and sufficient bond, other conditions, or both; it is totally dependent upon the judge. But in most instances the trial court is going to require a bond be posted.

2. If not, are there conditions that may make the bonding request more likely? -- Yes -- In the request for stay if there is no discussion of the harm that will befall on the person if bond is required; if you are requesting a stay and there is little evidentiary support in the form of affidavits to support a successful appeal; if there is no support in the motion for stay that a party would be harmed by a bond being required; you have not adequately demonstrated in the motion for stay that there is little likelihood of harm to the opponent if bond is not required. To motion for a stay of court without these being explained would most likely result in a bond being required.

3. Are certain defendants such as Cities and Counties exempted from any such mandatory bonding? -- Bonding isn't necessarily mandatory...but courts usually require it. Public bodies and officers are largely exempt from bonding at all except in criminal actions, but the opposing party can motion against the same.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this message. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 11 months ago.


Thanks for an excellent response.


Should the judge decide, after hearing such arguments as the judgment creditor can muster in favor of a Bond, that a bond is not required, is there any kind of interlocutory type of appeal that can be made to the appellate court on that issue alone?

Expert:  John replied 11 months ago.
Ronald, the party could ask the appellate court to review the lack of a bond required in by the trial court, but that type of motion would rarely succeed because the appellate court gives all deference to the trial court's decision on stays, meaning it isn't going to overturn the decision unless it plainly has committed an abuse of the very wide discretion it has under the law. Thus arguing any type of factual reasoning why a bond should have been required would be futile.
John, Attorney
Category: Legal
Satisfied Customers: 2822
Experience: Licensed and practicing attorney.
John and 3 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.