Legal Question in Civil Litigation in California
how do I file for a judgment to be suspended until appeal hearing, I dont want lien placed on home by third party collection agency. I dont want to place a bond or cash to stay judgment.
5 Answers from Attorneys
You can ask the trial court to waive the bond requirement or to require a much smaller bond than the rule would normally require, but such requests almost always fail. That you "don't want to" post a bond is no reason to exempt you from the requirement.
What people want and what people get are generally two different things. You can file an appropriate and timely motion with your request, supported by good cause, but "I don't want" is not good cause for the court to disregard the law's requirement of a bond.
A monetary judgment is stayed pending an appeal by posting a supersedeas bond. If the judgment is for costs only, it is automatically stayed. Your appellate attorney should be able to advise you on this.