can an order of execution to collect money owed be negated by an appeal?
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can an order of execution to collect money owed be negated by an appeal?
We recently lost an employment case here in Pennsylvania. We wish to
appeal today, but were notified by our bank that the plaintiff already
reached out to them with the order of execution. may they disregard
the order of execution, in light of our appeal?
Asked on January 30, 2018 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The appeal does not automatically stay (stop or delay) the execution or other collections efforts--they could go ahead while you are appealing--but when you file the appeal, you can request (by motion) that collections be stayed, or put on abeyance, pending the outcome of the appeal. You are not guaranteed the stay, but rather staying collections is at the discretion of the court; so you can ask for it, but may not get it. Appeals are complex for non-attorneys, and adding to the complexity would be if you make a motion for a stay pending appeal; you are advised to retain an attorney to help you. That said, you are allowed to do this "pro se" (without a lawyer); if you wish to do that, make sure you get a copy of the court rules about appeals and read them thoroughly.
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