Contempt Judgment


#1

If a Judge gives an order in open court that a person must start making payments on a Judgment starting July 1st but no actual written order has been entered yet must the person start paying the Judgment in order to not be held in contempt? I was told until the Judgment was filed, it wasn’t enforceable? Is that true?

We are looking at filing motion for new trial or in the alternative filing an appeal. Does the motion for new trial stop the person from having to make payments on the judgment until the trial is held? July 1st is next week therefore we kind of need an answer as soon as possible.

Thank you so much for your help.


#2

My understanding is that if you were given an order by a judge you are responsible for those payments…

Even if you file an appeal you may not win the appeal and the other party could file for you to be held in contempt…

It would be in your best interest to make that July 1 payment.


#3

An order of the court is just that, and order. Spoken orders are effective even before the formal written order is prepared. If you do not comply and the other side files a motion for contempt you could very well be held in contempt at that point, even before the formal order is entered.
Until an appeal is heard the order in place stands.


#4

I was told if an appeal is filed, it stays the judgment, correct? Meaning no payments are made as long as the appeals court is reviewing the matter, right?


#5

You may have to ask for a stay of execution and post bond.