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Attorneys in California. a creditor has a

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For Collection attorneys in California. a...
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: 2 years ago.Category: Bankruptcy Law
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Answered in 7 minutes by:
6/22/2015
Bankruptcy Lawyer: Maverick, Attorney replied 2 years ago
Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,427
Experience: 20 years of professional experience
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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.
Please remember to assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place and still earn a positive rating from you. If you would rather obtain a refund of your deposit, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
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Customer reply replied 2 years 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?

Bankruptcy Lawyer: Maverick, Attorney replied 2 years ago

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

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Maverick
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Category: Bankruptcy Law
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