Also known as: supersede · supersedes · superseded · superseding · supersedere · supersession · supersedeas writ
Written by attorneys · grounded in primary & secondary sources — see below
A writ or bond that suspends a judgment creditor's power to levy execution, usually pending appeal.
Select any source to read its text and confirm it supports the definition.
After a money judgment against him, Victor Vale posted a supersedeas bond approved by the court. The writ stayed the creditor's levy on his accounts while the appeal proceeded. Execution remained suspended until the appellate decision.
Landlord Lena Lutz obtained a possession judgment against tenant Theo Trent. Theo applied for and received a supersedeas that prevented lockout during his appeal. The sheriff could not execute until the stay lifted.
After losing a contract suit, Nora Nash secured a supersedeas bond covering the judgment amount plus interest. The writ suspended the plaintiff's attempts to garnish her bank accounts pending review. The stay preserved the status quo.
A jury verdict awarded damages to plaintiff Paula Price against defendant Derek Dunn. Derek moved for supersedeas and the trial court issued the writ. Execution on the verdict was suspended while the appeal advanced.
Following an injunction against her business, entrepreneur Eva Estes sought supersedeas relief. The court fixed the bond at twice the estimated damages and stayed enforcement. The writ allowed operations to continue during appellate proceedings.
After a large tort judgment, defendant Dan Drake tendered a modest supersedeas bond. The court denied the writ because the bond failed to protect the judgment creditor. Execution proceeded without stay.
It suspends a judgment creditor's power to levy execution, typically pending appeal, preserving the status quo while review proceeds.
Supporting sources
A court issues supersedeas when the applicant posts an adequate bond or otherwise shows entitlement to stay execution, most often while an appeal is pending.
If supersedeas is denied, the judgment creditor may immediately proceed with execution and levy, even while an appeal remains pending.
No. Supersedeas only suspends enforcement temporarily. The underlying judgment remains in force unless reversed or modified on appeal or other post-judgment relief.
…for justices were made out and he was furnished with a list of names to be put into a general commission which was considered as superseding the particular commissions and the individuals named were informed of their being thus appointed. He did not know that any one of the commissions was ever sent to the person for whom it was…