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Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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We won a judgment in Colorado small claims court of $7,500. We sent a demand letter for p

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We won a judgment in Colorado small claims court of $7,500. We sent a demand letter for payment, and now 21 days after judgment received notice that the defendant filed an appeal. How do I find out if they also properly filed an appeal bond? If they did not am I allowed to continue to go after getting paid and/or get the appeal dismissed?

Thank you for your question. Please permit me to assist you with your concerns.

Congratulations on winning your case. To find out if an appeal bond was filed, contact the courts--the clerk should inform you if any other documents or filing were made on the behalf of the other party. If they did not file for an appeal bond, the judgment remains and you are sill able to pursue them for the judgment amount even while they are appealing. It would just happen that if you are able to collect and the prevail, you would then have to return whatever you managed to collect.

Good luck.

Customer: replied 4 years ago.

An appeal bond is required in CO civil court appeals where there was an award with the judgment. If they didn't file a bond can't I also get the appeal dismissed?


It is not up to you to dismiss the appeal, it is up to the court to decide the appeal and see if there is merit in their filing. If the courts see that no bond is filed, the courts would dismiss on their own.

Good luck.

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