- Nov 11, 2012
Exactly! I wondered how she would be able to pull off an appeal just based on the cash outlay?
I'm thinking that someone may give Amber the money but
there is also this I found on youtube.
There was a video that I watched and in the comments sections this was posted
"We had a huge discussion yesterday on Twitter with various lawyers, including ones who practice in VA, trying to get to the bottom of the appeal bond issue.
After much reading of statutes and case law, we think the set up is this...
There are two separate things, the appeal bond, and the judgement bond.
If you just want to appeal, you put up $500 (the appeal bond).
However an appeal does not create a 'stay' (that is to say all legal proceedings are put on hold) so JD can still seek to enforce the judgement through the various options (garnishing, 3rd party recovery orders etc) even whilst AH is appealing.
So if AH wishes to stop the judgement being enforced pending any appeal, she would have to pay the judgment amount into court; and also add the interest as it accrues (the judgment bond)
That money is held on escrow. If AH is successful on appeal she gets it back. If AH loses the appeal the court hands the money over to JD.
The bond is the full amount of the judgment i.e $10.3m. In VA you can't set-off the amount by discounting any sums you may be owed from a counter judgement.
Hope that clarifies things a bit."