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 Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney
26296561
Type Your Legal Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

When a timely filed motion to reconsider and demand for a

This answer was rated:

When a timely filed motion to reconsider and demand for a stay on the execution of award is pending , should the court execute the award?

And now that it has can I go on Ex parte to bering this to court’s attention?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

The court judgment debtor can collect on the judgment once it is final, even if there is a timely filed motion to reconsider and demand for stay of the execution is filed by the judgment debtor, as such motion does not stop the execution of award.

The judgment debtor would have to properly notice a court hearing on the Motion to Reconsider and for Stay of the Execution and such motion cannot be heard ex-parte by the judge.

I wish you the best of luck!
Customer: replied 4 years ago.

So the only option is to file appeal at this point

Dear XXXXX,

It is still possible to have a hearing on the motion, even if the judgment is already enforced, but if the court does not set aside or modify the judgment, then an appeal can be filed.

I wish you the best of luck!
Customer: replied 4 years ago.

When does the 30days for fining the appeal start from the time that the judgment was entered or from the time that the motion to reconsider is heard?

Dear XXXXX,

The 30 days would start from the date the judgment is rendered.

I wish you the best of luck!
Alex J. Esq. and 7 other Legal Specialists are ready to help you