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Supersedeas Bond

Individuals facing circumstances involving a supersedeas bond will undoubtedly have questions throughout the whole process. Uncertainties on what a supersedeas bond is or what the process is to obtain a supersedeas bond often lead to questions like the ones answered below.

What is a supersedeas bond?

A supersedeas bond is also known as a defendant’s appeal bond. It is a kind of surety bond that the court may require for those who want to delay payment of judgment until their appeal is finished. The supersedeas bond is used to stay the execution of the judgment and allows the appellant to forgo full payment before the case goes to re-trial. It acts as a form of collateral.

I have a case that is going to appeal, and I have a good ground to reverse it. I cannot afford a bond. What is my option to hold the judgment creditor from selling my assets to the public auction until the final decision on appeal?

In order to stop the judgment creditor from pursuing collection upon the judgment is to put up a bond. There are no other alternatives to stay the collection of the judgment. You can go secure a supersedes bond that would cover the cost of a money judgment and court fees, in order to stay a judgment during the appeal process. Without the use of a bond the payment would be required immediately to the plaintiff.

The supersedeas bond will work like a guarantee that covers the full amount of the judgment plus related court costs. This will give you time for the payment as it would not be due if still in the appeals process.

I am a defendant in a Pro Se foreclosure lawsuit. We are set to go to trial. If I lose the case and I appeal will this postpone, stall or prevent the foreclosure action until a ruling from the appellate court?

You would need to post a supersedeas bond in order to stall the judgment during appeals. A supersedeas bond is set in an amount to protect the interests of the lender during the appeals process. It is possible that the amount of the bond could be set at the amount of the loan being foreclosed. The court will decide what amount will be set for bond after each side has presented evidence.

I need to appeal my eviction. The 5th court of appeals also requires filing a bond. What is the exact process for this bond thing during (or after?) filing the appeal?

A bond is set by the county or district clerk. An individual can file a notice of appeal first, and then inquire to the court how much the bond would be. This type of bond is called a supersedeas bond and will stop any collections of the judgment. The individual would then need to find a company that will issue the bond. When you get the bond you will file it with the county clerk in your case number.

Can a judge order a defendant to pay for an appeal in Superior court Fulton County Georgia? Can she deny the right to an appeal if the defendant is on disability and cannot pay $50K in an all cash bond to have the right to appeal and is this not a confession of guilt?

A judge can order a party that is on appeal to pay a supersedeas bond. If an individual is indigent and cannot pay the bond then they can apply for a waiver of the supersedeas bond. Obtaining a supersedeas bond is not a confession of guilt. It is a form of insurance that a party will not exhaust funds to pursue appeals that could be used to pay the judgment and then try to file for bankruptcy to get out of that judgment.

Obtaining the correct type of information about a supersedeas bond can help when faced with circumstances involving a supersedeas bond. Experts can help answer what a supersedeas bond is or what the process is to obtain a supersedeas bond. Get the answers fast and affordably by asking an Expert.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5366
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
characters left:
4 Real Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
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  • Get a Professional Answer
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

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