Pennsylvania Precise to Terminate Supersedes is a legal document used in Pennsylvania courts to allow a judgment debtor to terminate an automatic stay on the enforcement of a judgment. It is typically used when the judgment debtor wishes to proceed with execution of the judgment, such as by having the Sheriff take possession of the judgment debtor's assets. There are two types of Pennsylvania Precise to Terminate Supersedes. The first type is a Precise to Terminate Supersedes Bond, which is used when the judgment debtor has posted a bond to stay the enforcement of a judgment. The second type is a Precise to Terminate Supersedes Order, which is used when the court has issued an Order staying the enforcement of a judgment. Both types of Precise to Terminate Supersedes require the judgment debtor to provide the court with details of the judgment, such as the date of the judgment, the amount of the judgment, and the name of the judgment creditor. The Precise must then be signed and filed with the court. Once the Precise is filed, the judgment debtor may proceed with the enforcement of the judgment.
Pennsylvania Praecipe to Terminate Supersedeas
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How to fill out Pennsylvania Praecipe To Terminate Supersedeas?
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FAQ
§ 702(c) (supersedeas) provides that, except as otherwise prescribed by general rule, a petition for permission to appeal under that section shall not stay the proceedings before the trial court or other government unit, unless the trial court or other government unit or the appellate court or a judge thereof shall so
Supersedeas Bond Example For example, if Joe and Barbara are in a trial and the court finds Barbara in favor and rules Joe to pay Barabara $50,000, Joe could file an appeal to a higher court. If he wants to do this, he would need to get a Supersedeas Bond.
Its primary purpose is to guarantee that if the judgment is affirmed, the surety insurer that issued the bond will pay the appellee if the appellant is unable to. To put it simply, a supersedeas or appeal bond ensures the judgment debtor will satisfy the judgment if the judgment is upheld.
A writ is a directive from this court to a trial court, an administrative agency, or a person to do something or to stop doing something. Unlike appeals, which are heard as a matter of right, writ petitions are generally heard as a matter of discretion, and they are governed by equitable principles.
Supersedeas (also termed ?writ of supersedeas?) is Latin for ?you shall desist,? and it refers to a stay of the enforcement of a judgment pending appeal; a writ or bond that suspends a judgment creditor's power to levy execution.
(1) Unless otherwise ordered, any opposition must be served and filed within 15 days after the petition is filed.
If an appeal is stricken or voluntarily terminated, any supersedeas based on it shall terminate. The prothonotary shall pay the deposits of rental to the party who sought possession of the real property.
After a judgment of possession is rendered by the court, the judge may then issue a writ of execution to begin the transfer of property. The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.
Supersedeas is a legal term used in Pennsylvania workers' compensation law that essentially means your employer is seeking permission to stop your wage loss payments immediately.