Stay of Judgment: How To Stop Enforcement of a Court Order

After a trial court issues a judgment, the result is intended to be a final decision. A judgment could be an order to pay money, an order to leave an apartment, or a declaration of bankruptcy. But that isn’t always the end of the case.

If the losing party in the case disputes the verdict or needs more time to pay, they can appeal the decision. A stay of judgment halts enforcement of the order and gives the losing party time to file.

Civil procedure is complex. If you aren’t a legal professional, you may not know your options, including whether to request a stay. That’s why relying on the guidance of a litigation attorney is a good idea during a civil dispute or legal process.

Types of Stays and When They’re Needed

A stay of judgment suspends the court order or jury finding and maintains the status quo.

During the stay, the prevailing party cannot execute the judgment, but the losing party cannot proceed as if they won. For instance, in an eviction case, the landlord cannot evict the tenant, but the tenant may not be able to remain in the dwelling once the stay is lifted.

Courts grant stays so that the losing party can file an appeal, request a new trial, or continue negotiating with creditors. Some stays require the party to post a supersedeas bond as surety while the stay is in effect. This bond will be described below.

Let’s take a closer look at each type of stay.

Stay Pending Appeal

Stays pending appeal are the most common form of stay. A party can request a stay while seeking an appeal so they don’t have to follow the court’s orders.

These types of stays are often seen in injunctive cases, where an order requires the losing party to perform an act. The stay suspends enforcement of the judgment until the appellate court reviews the case.

Bankruptcy Stays

Upon filing a bankruptcy petition, an “automatic stay” freezes the debtor’s funds and prevents creditors from seizing them. Bankruptcy stays protect debtors while they continue negotiating with creditors.

Emergency Stays

An emergency stay prevents an immediate, irreparable harm that execution of the judgment may cause. Emergency stays require proof of immediate harm beyond the ability of the normal court process to address. These stays are common in eviction cases and asset seizures.

Stay of Proceeding

It is possible to request a stay of court proceedings. In complex cases, judges may issue interlocutory orders. These are interim rulings on portions of a case that do not affect the final judgment.

Parties can appeal interlocutory orders if they affect certain matters of the case or law. While an interlocutory order is on appeal, the judge may issue a stay of proceeding, freezing the trial in place while the appellate court reviews the order.

Stay of Enforcement

A stay of enforcement specifically halts a creditor from seizing assets or taking other actions. A stay of enforcement pending appeal protects a judgment debtor’s property while their case is under review.

Requesting a Stay

A stay prevents the losing party from suffering irreparable harm by the execution of a judgment. In some cases, filing a notice of appeal will automatically stay enforcement of the judgment. In other cases, you or your attorney must file a motion for a stay of judgment.

A formal motion for stay must show that:

• Your case has a high likelihood of success on appeal
• You will suffer irreparable harm if the stay is not granted
• The opposing party will not suffer undue harm if the stay is granted

If you request a stay of a money judgment, you may need to post a supersedeas bond in the full amount of the judgment. This protects the judgment creditor’s rights while the appeal is going on. In an eviction case, you may need to deposit the rent in a court account until you can vacate the property.

If the judge does not find irreparable harm to the requesting party, or if the harm to the opposing party outweighs the need for a stay, then the judge will not grant your request.

What is a supersedeas bond?

A supersedeas bond, or appeal bond, secures the judgment until the court of appeals reviews the case. The bond ensures that the appellee receives payment if the appellant is unable to do so. A third-party surety company holds the bond collateral and usually requires the full amount in cash, securities, real property, or life insurance.

What if I don’t qualify for a bond?

If you can’t post a bond, creditors can begin enforcement of a judgment immediately. You can still request a stay of judgment through other channels, such as:

• Waiver or Reduction of Bond: Courts may give you a reduced amount of bond or waive the requirement if you can show you lack liquid assets or are indigent.
• Writ of Supersedeas: You must show your appeal has merit and that you will suffer irreparable harm without a stay.
• Offer Other Security: If you have other valuable property, ask the court if it will suffice for a surety bond.
• Continue Negotiating With Creditors: Offer an ongoing payment of money in exchange for collection on your assets.

Other options may be available. It depends on the specifics of the case.

Criminal Stay of Judgment

In criminal law, a stay of judgment is also known as a stay of execution, even in non-capital cases. Criminal stays pending appeal follow different rules, since the defendant’s liberty and sometimes their life is at stake.

State laws affect whether a defendant receives bond during an appeal. For more information, see FindLaw’s Criminal Law Section.

Get Legal Advice From a Civil Law Attorney

The requirements for filing a motion for a stay of judgment and for requesting an appeal are complicated. Whether you’re facing bankruptcy, eviction, or a money judgment, you need someone to help you with the paperwork and courtroom appearances.

If you need to make these requests of the court, consider getting help from a civil attorney who knows what to file and how to make the request.