Legal Question in Construction Law in California

Re: how do we handle a judgement

First, if you are involved in suits where your potential liability is in the $500K range, you should have a top-notch lawyer of your own to whom you can refer such questions for a trustworthy answer. This is especially true if you intend to appeal.

Next, be aware that there are definite time limits within which you can initiate an appeal by filing a Notice of Appeal in the Superior Court and serving it. The time line depends upon how the judgment was entered and served.

Code of Civil Procedure sections 916 et seq. deal with the stay of proceedings including enforcement of money judgments upon appeal. In general, an appeal will stay enforcement of all but a money judgment and the money parts (costs) of a non-money judgment, but it is possible to post a bond ("undertaking") if your credit rating is good enough for the bonding companies. Ask about appeal bonds.

The plaintiff's attorney will sooner or later file an abstract of judgment in the county or counties where they believe you have property. That creates a lien on all real property in your name. Later, they will bring actions to foreclose their liens.

An appeal from filing to final decision will take a year in the simplest of cases.

Re: how do we handle a judgement

Your question raises a variety of issues.

Once the judgment is entered, the judgment creditor (the party that obtained the judgment) can engage in a variety of conduct to enforce it. There is not enough space here to explain all of the methods of enforcement; but one particular method of concern to you is the recordation of an abstract. once the abstract of judgment is issued and recorded, it creates a lien on all of the judgment debtor's real property.

Depending upon the type of judgment that is/will be entered, enforcement may be automatically stayed pending appeal. If the judgment is solely for money (but not solely for attorneys' fees and/or costs), then enforcement is stayed only upon the posting of an appropriate bond pending appeal.

The appeal process can be confusing, and it is certainly complicated. Make sure you have a competent attorney familiar with appeals as well as judgment enforcement.

We are litigators with an extensive judgment enforcement practice, and we regularly prosecute and defend appeals. If you would like us to review your particular situation as part of a no charge consultation, please email us.

Good luck.

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Re: how do we handle a judgement

my advice ask your attorney or get a new one right away, that is supposing you used an attorney which does not sound correct

Re: how do we handle a judgement

Did you have an attorney in the matter? If not get one immediately as there are strict time limits for filing an appeal. Call me directly at 16192223504.