can an order of execution to collect money owed be negated by an appeal?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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