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Simple English definitions for legal terms

writ of supersedeas

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A quick definition of writ of supersedeas:

A writ of supersedeas is a legal document that stops a creditor from taking action to collect a debt while an appeal is pending. It is also known as a supersedeas bond. This document is used to protect the debtor's rights during the appeal process.

A more thorough explanation:

A writ of supersedeas is a legal document that suspends a judgment creditor's power to collect money or property from a debtor, usually while an appeal is pending. It can also refer to a bond that is posted to guarantee payment if the appeal is unsuccessful.

  • John owes $10,000 to a creditor who has obtained a judgment against him. John files an appeal and posts a writ of supersedeas, which prevents the creditor from collecting the money until the appeal is resolved.
  • Mary wants to appeal a court decision that awarded her ex-husband custody of their children. She must post a supersedeas bond to prevent her ex-husband from taking custody of the children while the appeal is pending.

These examples illustrate how a writ of supersedeas can be used to temporarily stop a judgment from being enforced while a legal challenge is underway. This can provide relief to a debtor who might otherwise suffer irreparable harm if the judgment were enforced before the appeal is resolved.

writ of summons | writ of supervisory control

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