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Simple English definitions for legal terms
supersedeas
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A quick definition of supersedeas:
Supersedeas: When someone is unhappy with a decision made by a court, they can ask to appeal it. While waiting for the appeal, they can ask for a supersedeas, which means the decision can't be enforced until the appeal is finished. It's like hitting pause on the decision until the appeal is over.
A more thorough explanation:
Supersedeas is a legal term that means to stop or suspend the enforcement of a judgment while an appeal is pending. It is a writ or bond that prevents the judgment creditor from taking any action to collect the debt until the appeal is resolved.
John owes $10,000 to his creditor, and the creditor obtains a judgment against him. However, John files an appeal against the judgment. To prevent the creditor from collecting the debt while the appeal is pending, John can file a supersedeas bond. This bond will suspend the enforcement of the judgment until the appeal is resolved.
Another example is when a defendant is ordered to pay damages to the plaintiff, but the defendant files an appeal. The defendant can file a supersedeas bond to prevent the plaintiff from collecting the damages until the appeal is resolved.
These examples illustrate how supersedeas works to protect the appellant's rights while the appeal is pending. It allows the appellant to continue with their business or personal affairs without the fear of losing their assets or property.