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FAQ - 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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