Q: If only 1 of 2 defendants appeals a Small Claim judgment, must non-appealing party pay judgment after 30 days?
The defendants are a contractor and his surety bond company (appealing party).
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A:
Under California law, if only one of two defendants appeals a Small Claims judgment, the non-appealing party may still be required to pay the judgment after the 30-day period has elapsed. Here’s how it works:
When there are multiple defendants in a Small Claims case, each defendant is individually responsible for the judgment entered against them. If one defendant appeals the judgment, it typically does not affect the obligation of the other defendant to comply with the original judgment. The appealing party’s action delays the final resolution of the case, but it doesn’t relieve the non-appealing party from their obligation to satisfy the judgment if the appeal is unsuccessful.
After a Small Claims judgment is rendered, the prevailing party is entitled to enforce that judgment against any liable parties. This means that unless the appeal results in a reversal or modification of the judgment in favor of the non-appealing party, they are still legally obligated to comply with the terms of the judgment. The appealing party’s decision to appeal does not automatically stay or suspend the enforcement of the judgment against the non-appealing party.
It’s important for the non-appealing party to understand that they may need to take steps to comply with the judgment if the appealing party’s appeal is unsuccessful or if they ultimately do not prevail in the appeal process. This could involve paying the judgment amount, adhering to any specific requirements set forth in the judgment, or potentially facing additional legal consequences for non-compliance.
In summary, while an appeal by one defendant in a Small Claims case may delay final resolution, it does not typically absolve the other defendant from their responsibility to satisfy the judgment if the appeal is unsuccessful. It’s advisable for all parties involved to seek legal advice to fully understand their rights and obligations in the context of the specific judgment and appeal proceedings.
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