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What happened to the stay of enforcement of the judgment? Was that already filed?
Also, I need to know more about this order condemning the funds? Are you talking about a garnishment order on your bank account?
You will need to file an appeal to the court of appeals to appeal the district judge's decision to affirm the default judgment. To do this you will have to find some legal error made by the judge. Also, you will likely need top post a bond on appeal and ask for stay order to stop the disbursement of funds. All of this is not easily done and will require you to be familiar with the Iowa Rules of App. Procedure. It starts with the filing of a notice of appeal.
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Looked up the appellate procedures and it's all over my head.
What do you think of this(?): Instead of appealing the district judge's decision to affirm the default judgment, can I simply ask the court (the original small claims court that rendered the judgment) to stay disbursement of the condemned funds pending resolution of the case at retrial? File a Motion for Stay of Disbursement of Judgment Funds Pending Appeal, or something that sounds like that... If this is okay,what is the rule I should cite for doing it?
I thought the granting of the retrial was for the express purpose of determining if this judgment has any merit. I am confident that I will be able to show it does not.
Finding an error in the district judge's affirmation of the default judgment is going to be tough, and I cannot attempt it. But I am focusing on my day in court during the retrial. Just need to hold the tenant at bay till then.
That's just it.....if they granted you a new trial then they would not have affirmed the default judgment.....so it appears that they granted you a new trial only on a portion of the case, not the whole case. You will need to read the district court's order carefully to understand this and see what is going on.
If they reaffirmed the default then the small claims court is not going to have any duty, or reason to grant a stay, you have to go over the district judge's head ---i.e. court of appeals.