Frequently Asked Questions - Appeals Heard in Superior Court

If I am evicted, do I still have to move and pay the judgment once I file my appeal?

Yes, unless you post a supersedeas bond with the court. A person seeking to appeal a judgment may stay or “suspend” the enforcement of the judgment while the appeal is pending by filing a supersedeas bond. This bond is usually the amount of the judgment and stays with the court while the appeal is in process. For most tenants, filing a supersedeas bond is the second most important step in appealing a justice decision of the court. (The first is filing the notice of appeal on time.) By paying the supersedeas bond to the court, a tenant can temporarily stop the order that he or she be removed from rental housing. If a tenant does not purchase a supersedeas bond, he or she will be locked out of the rental home 5 days after the Judgment of Eviction is entered, or in the case of an “immediate” eviction, 24 hours after the Judgment of Eviction is entered.


Exception for restraining orders:

The rules governing the payment of supersedeas bonds do not apply to orders of protection and injunctions against harassment (“restraining orders”).

 

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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