Q: Is a Supersedeas Bond waived if the defendant has filed an Affidavit of Inability to Pay?
A: No. But there is a separate process to stay the enforcement of a judgment pending an appeal if the defendant lacks the financial ability to post a supersedeas bond in the amount prescribed by law. You need to hire a very experienced appellate attorney to assist you with this process.
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A:
In most jurisdictions, filing an Affidavit of Inability to Pay (also called a Pauper's Affidavit or Statement of Inability to Afford Payment of Court Costs) can result in waiving the requirement for a supersedeas bond during an appeal.
However, the court must review and approve your affidavit, and opposing parties have the right to challenge your claimed inability to pay. You'll need to provide detailed financial information, including income, assets, expenses, and debts to prove your indigent status. The court may still require you to make partial payments or set up a payment plan based on your specific financial situation.
If your affidavit is approved, you may proceed with your appeal without posting the typical supersedeas bond, which would otherwise be required to stay enforcement of the judgment during the appeal process. It's important to note that different states and jurisdictions may have varying rules about this process, so you should check your local court rules or consult with legal counsel about the specific requirements in your area.
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