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How can someone file for a Supersedeas Bond when the judgment in the case was final?
Wiki User
∙ 15y ago
The purpose of the bond is to maintain the status quo at the time of finial judgment. If a debtor can prove that the prevailing party will not be prejudiced by waiting to collect their judgment, then execution on that judgment can be stayed during the appeal. Although the judgment is final, the appellate court could find some error in the district court's actions and reverse that judgment. The bond allows the debtor to avoid the hardship of having their property liened and wages garnished if they can prove they will pay if the appellate court upholds the judgment.
Wiki User
∙ 15y ago
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I was recently given a final judgment in a case of eviction and now the tenant has filed a Supersedeas Bond. How can she do this when the judgment was final?
DID you read what supersedeas means. On a final determination of a case in a lower court, an adverse party can ask to stay(stop) the judgement for purposes of review by another court, (higher court)
What is a supercedeas bond?
Also called supersedeas bond, this is the security required by courts to protect judgment debtors from having their assets executed upon, while they appeal judgments against them.
What are the Clerk's duties releasing a supersedeas bond when a dismissal has been filed?
When the Clerk's office receives the signed order from the judge THEN they take action on whatever it is they need to do to carry it out. Just because a motion has been filed doesn't mean that the Clerk does ANYTHING. The motion has to be reviewed and ruled upon by the judge, which, in itself may take some time. Then the action doesn't become effective unless, and until, the judge signs the order.Supersedeas is a difficult concept to grasp thus, a definition of a Supersedeas Bond follows:Supersedeas is a Latin term meaning "you shall desist." It is an order to suspend the powers of an officer in certain cases, or to stay proceedings under another writ. A writ of error, when bail is entered, and a writ of certiorari to remove the proceedings of an inferior into a superior court has the effect of a supersedeas, in that they operate to stay proceedings.In some jurisdictions, in civil cases, a notice of appeal filed serves as supersedeas upon payment of all costs in the trial court by the appellant and a supersedeas bond or other form of security may or may not be required to filed. A supersedeas is a suspension of the power of a court to issue an execution on the judgment or decree from which an appeal has been taken. If a writ of execution has issued, supersedeas is a prohibition against execution of the writ. Supersedeas preserves the status quo of the case. It does not, however, set aside or annul the trial court's judgment
What is the face of a bond?
The final repayment of 'principal'
What is the face value of a bond?
The final repayment of 'principal'
What is face value of a bond?
The final repayment of 'principal'
Can a bondsman revoke a bond for no reason?
A bail bondsman can ask the court to revoke a bond, but the judge alone has the final say whether a bail bond may be revoked.
What is consent of surety final payment from bond?
The consent of surety to final payment is issued by the surety company at the end of a project. The consent states that the owner reserves their right under the bond and the surety company agrees the final payment will not relieve them of any of its obligations.
What does silver bond with?
i do not know will someone tell me
Do you have to put up a title when you bond someone out?
no
What does a bond with someone mean?
A bond with someone means that one feels a special connection with them. This may be a connection of blood or simply an emotional feeling of closeness.
When did baseball player Tommy Bond play?
Tommy Bond debuted on May 5, 1874 and played his final game on August 11, 1884.
