Cheeseburger_in_paradise Posted March 4, 2010 Posted March 4, 2010 Is there any way to delay a Writ of Execution because of a pending appeal on a judgement, in the State of Florida. A friend of mine says she is about to loose several of her properties because of a judgement against her for breach of contract, though she claims there never was a formal or signed contract, to go to work for her former competitor. She admits she showed up at court the first time with no representation. She now has a lawyer, her ducks in a row, and an appeal pending in court set for next month. But the sheriffs dept plans to sieze her properties and auction them off next week. She's scrambling to come up with (borrow) $151,000, or sell one property, to not loose everything. Her new attorney says there is nothing they can do at this point, shy of raising the money. Is her lawyer incompetent? Is Florida that corrupt? Or is she not telling me something. Her fear is the homes valued together at about a one million (almost all free and clear) will be auctioned off to insider friends of her adversary for next to nothing, and she might still owe on the judgement. Time is her enemy. If she wins the appeal, as her lawyer believes she will, it will be too late to save her properties. And yes, she has procrastinated on this. My Ohio judge cousin says she should be able to file a stay. That's how it works in Ohio anyway. My Texas lawyer also said there is such thing as a supersedeas bond she could put up. She seems unable to get anyone here to help her. And I am obviously not a lawyer.
LeviF Posted March 4, 2010 Posted March 4, 2010 Tell her to get another opinion from a different lawyer, different law firm.
KD in CA Posted March 4, 2010 Posted March 4, 2010 Kinda hard to believe she lost a breech of contract suit if the other party was not able to produce a contract. But aside from that, it sounds like she should be calling lenders. If she has $1MM in equity, coming up with a $150,000 loan should be pretty easy. There's always someone willing to do it fast if you pay a premium.
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