Legal Question in Civil Litigation in California

Why would my small claims court case status change to "Judgment Enforcement Stayed" after the Trial De Novo was heard and Judgment was entered in my favor (plantiff) again?


Asked on 9/04/10, 11:08 am

2 Answers from Attorneys

James Bame San Diego Law Office

You may find that the defendant has filed for bankruptcy. Look for a notice from bankruptcy court. If so, then unless your case was based upon fraud, then, it will be discharged.

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Answered on 9/09/10, 12:40 pm
Anthony Roach Law Office of Anthony A. Roach

It shouldn't say it was stayed at all. A defendant can appeal de novo to the Superior Court, but once the Superior Court has issued a judgment, the defendant cannot appeal anymore.

Filing bankruptcy triggers an automatic stay, and the court itself does not issue a separate stay. I would check with the court clerk to determine what is going on. It may be a data entry error on the part of the clerks, and you may want to resolve it before pursuing collection.

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Answered on 9/09/10, 8:34 pm


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