Legal Question in Appeals and Writs in California

our business got sued for 7000.00 and they won, our attorney appealed, and our court date isn't untill feb 23rd, yet they froze our money in our personal and business account. are they allowed to do that?


Asked on 1/29/11, 11:49 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It depends on whether it was a small claims trial you are appealing from or not.

Enforcement of a small claims judgment (including issuance or recording of any abstract of judgment) is automatically suspended without defendant's filing a bond pending expiration of the time for appeal, and if a timely appeal is taken, until the appeal is dismissed or the superior court determines the small claims court properly denied defendant's Ca Civ Pro � 116.730 or � 116.740 motion to vacate. (Code of Civ. Proc., � 116.810.)

If you are appealing from a limited civil case, or a general unlimited civil case, then the judgment is not stayed unless you posted a supersedeas bond.

Read more
Answered on 2/09/11, 8:27 am


Related Questions & Answers

More Appeals and Writs questions and answers in California