Occasionally I run across a potential client (or even an attorney) who believes that merely filing an appeal will prevent a judgment creditor from being able to collect a judgment. However, in North Carolina, there is no automatic stay of judgment enforcement proceedings simply because an appeal has been filed. Rule 62(d) of the North Carolina Rules of Civil Procedure makes this clear: the appealing party "may" seek a stay of execution on the judgment, but it is not automatically given.
In order to obtain a stay against judgment enforcement, a defendant must file a bond with the court ensuring payment of the judgment, pursuant to NC Gen Stat sec. 1-289.
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