Can they file a 'fi fa' when appeal is pending?

[rkjohnson]

What is the name of your state? GA

We are appealing the judges decision and I was just served a fieri facias. Is this legal? What will happen if the fi fa is executed? My attorney says they "probably won't" execute it. Why did they file it if they weren't going to execute it? Meanwhile, I have moved most of MY things out of our house (just in case) including my clothes!!!

 

[badapple40]

Here in Ohio and in most other jurisdictions that I am aware of, you can execute on a judgment while the matter is on appeal unless the defendant obtains a stay of judgment, which usually involves posting a supersedeas bond. Failure to do so allows the plaintiff to execute.

As an aside, if they do collect the full amount on the judgment, and this may be unique to Ohio, it moots the appeal and results in dismissal of the appeal.