Superseding and Enforcing Judgments
Protecting a client's assets during the appeal of a money judgment requires mastery of the technical rules that govern supersedeas bonds and stays of execution. Helping a client who has won a money judgment obtain a fair and expeditious outcome also calls for a special set of skills. As reported in a recent study, just 44 cents of every dollar awarded in a judgment is actually collected. Therefore, clients need skilled counsel to ensure the best result in each circumstance. Haynes and Boone's appellate lawyers provide the highest levels of counseling, strategy, and advocacy in these areas. Our areas of experience include the following:
- Negotiating agreements with opposing parties to reduce the risk and expense of judgment enforcement;
- Counseling clients regarding the costs and benefits of a full range of options for enforcing a judgment;
- Preparing and filing supersedeas bonds to stay the enforcement of judgments;
- Preparing motions to stay enforcement in federal courts;
- Advocating for or challenging reduced supersedeas bonds in state and federal trial courts;
- Obtaining appellate review of trial court orders granting or denying a reduced supersedeas bond;
- Providing strategy, advice, and advocacy in post-judgment hearings involving turnover, garnishment, sequestration, attachment, and related enforcement procedures; and
- When necessary, coordinating efforts with bankruptcy counsel.