If I am unemployed my only income is child support and minimal unemployment can I file a motion to stay execution of judgment pending appeal and

If I am unemployed my only income is child support and minimal unemployment can I file a motion to stay execution of judgment money pending appeal and file the appeal without paying any fees or bonds in Colorado?

Asked on March 16, 2012 under Bankruptcy Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have a judgment against you which you want to appeal, you are entitled to file a motion to stay execution of the judgment pending the appeal under state law. You can file an application for a fee waiver with the county clerk in the county where the judgment arises.

If the fee waiver is granted, then you may not have to pay the filing fee for the petition. As to any bond required or not required pending the appeal, that will be up the the judge hearing the petition to stay the execution of the judgment.


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