Usually, as soon as an Illinois circuit court tells the defendant that he has to pay, the plaintiff can start trying to collect the money. If the judge orders you to pay money and you want to stop the winner from collecting while you appeal, you need a "stay" of the judgment.
The first thing to worry about is time The appeal must be started in 30 days. Many people don't even think about a stay until the appeal starts. That's a mistake; the stay must be set up within the same 30 days allowed for starting the appeal.
The trial court will not order a stay without knowing that the money will be paid if the appeal is lost. The simplest way to get a stay is to deposit enough money with the trial court to pay the judgment plus costs plus ten percent for interest. The interest is because the winner has to wait for his money. If the judgment was $10,000 and the costs were $500, the circuit court probably will approve a deposit of $10,500 plus ten percent which is $11,550.
Sometimes being ordered to pay a money judgment can be a disaster. The loser of the case can owe more than he has, and a money judgment can destroy a business. In that case it is wise to talk to a bankruptcy attorney. Filing for bankruptcy relief can "stay" collection of the money while the appeal is in court. We work with bankruptcy attorneys who know how to keep the wolf away from the door while the appeal is pending.
Blood Law Office
1602 Vandalia Street
Collinsville, IL 62234-4459
Telephone: 618-345-4400 | Toll Free: 800-240-8132
Fax: 618-345-3299 | E-mail
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