A great legal question

Can a judgment creditor Plaintiff/Appellee cut off the appeal rights of a Defendant/Appellant who has appealed the trial court judgment but not posted the required bond to stay execution by having the Defendant/Appellant’s intangible property intererst in the appeal seized and sold at a sheriff’s sale?

That is what is going on here.

I don’t think that this ought to be allowed, but am somewhat at a loss as to explain exactly why. 

RMV Ventures Cal. v. SunAmerica Life Ins. Co, 576 F.3d 1070 (10th Cir. 2009) is a case where this occurred, but if you read closely between the lines of the opinion, I think it implies that if the Judgment Defendant in that case had acted quickly a stay of the seizure and sale would have been granted.

Finally, the other wierd twist in the case is that the Plaintiff/Appellant registered their Federal District Court judgment in Oregon state court rather than in the Federal Dist. Ct. in Oregon.  I’ve never seen that done before, but looking at the Oregon version of the UEFJA, it would seem to allow it.


About dknights

Attorney, Kentucky
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