Once a judgment has been entered against a party, the plaintiff can try to collect on the judgment (if the judgment is for money) or enforce the order. The plaintiff can collect or enforce a judgment, even if the other party appeals. The party who appeals (the “appellant”) may want to try to “stay” enforcement of, or execution on, the order or judgment. A stay prevents the winning party from trying to collect on the judgment or enforce the order during the appeal. The appellant is not required to seek a stay, but a stay can help protect the appellant from collections and other enforcement proceedings until the appellate court decides the appeal. It is important to remember that filing a motion for a stay generally will not stay the case unless or until the court rules on and grants the stay motion. In a mortgage foreclosure action, for example, even if an appeal has been filed, the lower court can still sell the property at a foreclosure sale unless the appellant obtains a stay of the proceedings. In some types of cases, the stay may be automatic if certain requirements and procedures are followed.
