Legal Question in Appeals and Writs in California

Re: Appeal Rights vs Traps

Generally when Plaintiff loses a case, a Plaintiff who appeals does not have to pay costs and attorney fees for the right to appeal. There are some bad consequences. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

Re: Appeal Rights vs Traps

You can appeal with out paying.

You may be required to post a bond to stop collection activity, if you so wish.

Re: Appeal Rights vs Traps

Generally, the filing of an appeal stays collection or ordinary costs. There can be exceptions where attorneys fees are involved. And a court can stay enforcement of a judgment for a short time.

Appealing and paying the judgment are two different matters. But if you are going to appeal, be careful about voluntarily paying the judgment as this could moot the appeal.

It is safer by far to contact a lawyer familiar with judgment enforcement and appeals.

Re: Appeal Rights vs Traps

Summary judgment motions are traps that ensnare pro pers. So are appeals. If you don't pay the judgment while you appeal, this is OK as far as your appeal goes, but they can still send the marshal to garnish your bank account or whatever, unless you post a 150% bond. Sounds to me like you do not know what you are doing, and you are going to lose your appeal and owe more costs.

Re: Appeal Rights vs Traps

A dissatisfied party can always appeal without first paying any award to another party, but in many cases the appeal will not automatically prevent the other party from enforcing the judgment. In such cases, the appellant must either post a bond or undertaking with the court or pay the judgment and hope to get it back if he wins the appeal. The respondent cannot enforce a judgment when such a bond or undertaking is properly posted, but this is not always good news for the appellant since the amount of the bond is at least 150% of the amount of the judgment.

Where a judgment is for costs only -- as you say yours is -- the respondent cannot enforce it while the appeal is pending. Some "costs" awards actually include attorney fees; those fees are usually stayed along with the other costs but in some circumstances they are not. You may want to consult with counsel to make sure you know how an appeal will affect your rights.