Hw to enforce Order to pay cost

[Rexlan]

Hi All.

This is a Georgia issue. I am not a resident of Georgia.

I won a case against a party and obtained a default judgment because the Def. repeatedly abused discovery. I motioned to strike and prevailed because the Court found it flagrant and willful on four occasions and put them in default. We subsequently had a hearing on the issue of damages, they were set and judgment entered. They have never attempted to get out of default.

Prior to this the court issued an Order awarding me costs to compel discovery and attend an out of state hearing which was ~ $750. That Order named the Def’s and specifically the attorney. I’m not an atty. so no fees apply. The Court subsequently “mentioned this Order in its’ Judgment; however, the Order to pay costs is a separate document.

The Def. has give notice of appeal to the final judgment and it is pending. I have made motion to require them to post an appeal bond as it is not automatic in GA.

My questions are:

1. Does the notice of appeal stay enforcement of the previous Order to pay costs?

2. If it does not, briefly what is the procedure to try to enforce this Order (not the judgment for damages)? I have sent the Def’s and atty. a letter requesting payment in 10 days. It has been about 45 days since the Order was issued.

3. Since they are in default do they have standing to make an appeal except on that issue?

Thanks ….

 

[seniorjudge]

Hi All.

This is a Georgia issue. I am not a resident of Georgia.

I won a case against a party and obtained a default judgment because the Def. repeatedly abused discovery. I motioned to strike and prevailed because the Court found it flagrant and willful on four occasions and put them in default. We subsequently had a hearing on the issue of damages, they were set and judgment entered. They have never attempted to get out of default.

Prior to this the court issued an Order awarding me costs to compel discovery and attend an out of state hearing which was ~ $750. That Order named the Def’s and specifically the attorney. I’m not an atty. so no fees apply. The Court subsequently “mentioned this Order in its’ Judgment; however, the Order to pay costs is a separate document.

The Def. has give notice of appeal to the final judgment and it is pending. I have made motion to require them to post an appeal bond as it is not automatic in GA.

My questions are:

1. Does the notice of appeal stay enforcement of the previous Order to pay costs?

2. If it does not, briefly what is the procedure to try to enforce this Order (not the judgment for damages)? I have sent the Def’s and atty. a letter requesting payment in 10 days. It has been about 45 days since the Order was issued.

3. Since they are in default do they have standing to make an appeal except on that issue?

Thanks ….

I don't know how much we are talking about here, but if you are not in Georgia an you are not a lawyer, then the obvious answer is to get a Georgia lawyer yesterday.

The issues you have presented are quite technical and very complicated.

 

[Rexlan]

I don't know how much we are talking about here, but if you are not in Georgia an you are not a lawyer, then the obvious answer is to get a Georgia lawyer yesterday.

The issues you have presented are quite technical and very complicated.

Thanks Senior Judge. I really don't need an attorney. As you know, I have a coach and I have prevailed on each and every issue I have presented to the court including jurisdiction and venue. I can also easily handle an appeal, which they will fail on. Their atty is really doing them a disservice.

Unfortunately, all a GA attorney would do for me is eat the damages award which is only about $15,000. I started with one and two letters cost me $1500, each of which was technically incorrect according to the statutes.

Right now I'm looking to enforce only the Order for costs and I don't know if I can just docket that order and file a lien or if I need to go back to the court for something more. I know the court has no current jurisdiction on the "judgment" because of the appeal notice..... but what about the Order for Cost? GA Superior Court rules are pretty lame on most subjects too.

Thanks again Senior Judge

 

[rmet4nzkx]

I am responding at your request.
I am not an attorney although I work in the legal system.
In general, the appeal stays the judgement.
But once you enter the realm of appeals it is vital that you obtain competent counsel, specifically an appeals attorney. All they need is to find one mistake or make a motion you cannot rebutt properly and all your hard work is lost.
It is a false assumption that winning any lawsuit whether by default or not is the same as winning the war, it is just one battle, collecting in always an issue. If you had had counsel, you would have been informed of this fact.

Please obtain the services of a competent appeals attorney ASAP.

 

[Rexlan]

I am responding at your request.
I am not an attorney although I work in the legal system.
In general, the appeal stays the judgement.
But once you enter the realm of appeals it is vital that you obtain competent counsel, specifically an appeals attorney. All they need is to find one mistake or make a motion you cannot rebutt properly and all your hard work is lost.
It is a false assumption that winning any lawsuit whether by default or not is the same as winning the war, it is just one battle, collecting in always an issue. If you had had counsel, you would have been informed of this fact.

Please obtain the services of a competent appeals attorney ASAP.

Thanks for the comments. I agree that collecting is an entirely differnet matter. Actually I do have an attorney acting as a coach for a flat fee and it has worked well.

What I want to do is collect on the Order .... not the judgment. These are two different items right now and that is where I'm stumped ... so far.
Thanks again,
RL

 

[rmet4nzkx]

Thanks for the comments. I agree that collecting is an entirely differnet matter. Actually I do have an attorney acting as a coach for a flat fee and it has worked well.

What I want to do is collect on the Order .... not the judgment. These are two different items right now and that is where I'm stumped ... so far.
Thanks again,
RL

THAT IS WHY YOU NEED AN APPEALS ATTORNEY NOT A COACH, UNDERSTOOD?

 

[Rexlan]

THAT IS WHY YOU NEED AN APPEALS ATTORNEY NOT A COACH, UNDERSTOOD?

Yes and thanks!

 

[acmb05]

THAT IS WHY YOU NEED AN APPEALS ATTORNEY NOT A COACH, UNDERSTOOD?

Why do you need to yell? I think you may be misunderstanding what OP is saying. Just because they appeal the judgement does not mean they automatically appeal the other order to pay. they would have had to include that order in thier appeal.

If the order to pay is listed in the final judgement then no they do not have to pay it until the appeal process runs thru. If it is not listed as part of the final judgement then the appeal does not affect that order and they still owe you those fees.