Judgment entered and the appeal not decided? An appeal does not stop collection by itself
I am Mitchell Bisson, a Grand Rapids appeals lawyer. I have litigated for over 15 years. This page covers what an appeal does and does not stop in Michigan: the automatic delay after a judgment, the stay bond for a money judgment, bond pending appeal in a criminal case, and the court fees and costs of an appeal. I act for people who owe under a judgment and for people trying to collect one. I do not promise outcomes.
The short answer. Filing an appeal does not, by itself, stop a trial court judgment from being enforced. The trial court or the Court of Appeals has to order a stay, apart from a few automatic stays. MCR 7.209(A)(1). In a civil money case, a stay bond of at least 110% of the judgment, with costs, interest, attorney fees and sanctions to the date of filing, stays the judgment. MCR 7.209(E)(2)(a). In a criminal case, the judgment may be executed immediately unless bond pending appeal is allowed and filed. MCR 7.209(B)(2). Nothing here predicts how your appeal will end.
Most people assume that once the notice of appeal is filed, everything freezes. It does not. The question that decides who has leverage during an appeal is not who is right. It is who can collect, or who can be made to report to jail, while the appeal is pending.
In a civil case, there is a short built-in delay. Execution may not issue and enforcement may not be taken until 21 days after a final judgment is entered. If a motion for new trial, rehearing, reconsideration or other relief is filed within those 21 days, or within further time the court allowed for good cause during them, the delay runs until 21 days after the order deciding the motion, unless the court orders otherwise for good cause. MCR 2.614(A)(1). After that, the other side can collect unless a stay is in place. MCR 7.209(E)(1).
The first stop for a stay is the trial court. A motion for bond or a stay pending appeal may not be filed in the Court of Appeals unless the trial court decided one first. MCR 7.209(A)(2). That is why I look at stay and bond on the first day of an appeal, not after a bank account has been levied on. If you are the one holding the judgment, the bond is your security that it will be paid if it is affirmed, and the rules give you a short window to object to it.
Stay, bond and cost rules at a glance
| Situation | What the rule says | Authority |
|---|---|---|
| Time before a civil judgment can be enforced | Execution may not issue and enforcement proceedings may not be taken until 21 days after entry of a final judgment. A timely postjudgment motion extends that to 21 days after the order deciding it, unless the court orders otherwise for good cause | MCR 2.614(A)(1) |
| The appeal itself | An appeal does not stay a trial court judgment or order unless the trial court or Court of Appeals orders otherwise, except for an automatic stay under MCR 2.614 or MCL 600.867 | MCR 7.209(A)(1) |
| Money judgment, appeal to the Court of Appeals | Except in a domestic relations matter, a bond that complies with MCR 3.604, not less than 110% of the judgment, with costs, interest, attorney fees and sanctions to the date of filing. When it is filed, the judgment is automatically stayed pending entry of the final stay order | MCR 7.209(E)(2)(a); MCR 7.209(E)(4) |
| Money judgment, appeal to the circuit court | A bond of not less than 1-1/4 times the judgment, including costs, interest, attorney fees and sanctions assessed to the date of filing | MCR 7.108(B)(2)(a) |
| Stay without the full bond | The trial court may grant a stay with or without a bond, or with a reduced bond, as justice requires | MCR 7.209(E)(2)(b) |
| State and local government as appellant | Bond may not be required of the state, an authorized state officer, a corporate body in charge of a state institution or a municipal corporation as a condition of appealing or of a stay | MCR 2.614(E) |
| Appeal from denial of governmental immunity | The appeal operates as an automatic stay of all proceedings in the case until the issue is finally decided | MCR 2.614(D) |
| Probate order, appeal of right | Further proceedings under the order are stayed for 21 days after the appeal is filed and notice given, or, if a stay motion is granted, until the appeal is determined | MCL 600.867(1) |
| Criminal judgment | Bond pending appeal and its amount are in the trial court’s discretion. Unless bond is allowed and filed, the judgment may be executed immediately | MCR 7.209(B)(2) |
| Court of Appeals entry fee | $375 for an appeal of right, an application for leave to appeal or an original proceeding | MCL 600.321(1)(a) |
| Bill of costs after a civil appeal | Due within 49 days after the dispositive order or opinion, or the order denying reconsideration, is mailed. A late bill waives costs | MCR 7.219(B) |
Getting a stay of a civil money judgment
A stay for a money judgment usually comes down to a bond, and the steps are set out in the court rules. They apply to appeals in civil cases and probate proceedings.
The bond. The party seeking the stay files with the court a bond that complies with MCR 3.604, with the party in whose favor the judgment was entered as the obligee. The bond promises that the appellant will perform and satisfy the judgment if it is not set aside or reversed, and will prosecute any appeal to completion and satisfy the judgment entered by the Court of Appeals or the Supreme Court. MCR 7.209(E)(2)(a). In a possession or foreclosure case the appellant also promises to pay the damages that may result from the stay. MCR 7.209(F)(1).
The surety. A surety on a bond other than an authorized surety company must sign an affidavit of pecuniary responsibility, and must affirm owning non-exempt assets worth more than liabilities by at least twice the amount of the bond. MCR 3.604(D)(1), (2). A surety company certified by the Commissioner of Insurance as authorized to do business in Michigan may act as surety. MCR 3.604(G). The rule also allows cash or securities in place of a bond under MCL 600.2631, and lets the court accept other security, such as an irrevocable letter of credit. MCR 7.209(E)(3); MCR 7.209(G)(1)(g); MCL 600.2631.
Service, objections and the stay order. A copy of the bond must be promptly served on all parties, and at the same time the party seeking the stay must file a proposed stay order. Objections to the bond or the surety must be filed and served within seven days after service of the bond. If no timely objection is filed, the trial court must promptly enter the order staying enforcement of the judgment pending all appeals. MCR 7.209(G)(1)(a) to (c). A bond must be filed with the clerk of the court that entered the judgment to be stayed. MCR 7.209(G). If you are the party holding the judgment, that seven days is the whole window to challenge the surety, and the rule says failing to object waives objections to the surety. MCR 3.604(E).
What counts toward the amount. The 110% figure includes costs, interest, attorney fees and sanctions assessed to the date the bond is filed, so the number can be higher on the day of filing than it was on the day of judgment. MCR 7.209(E)(2)(a). For good cause the trial court may set the bond in a greater or lesser amount adequate to protect the interests of the parties. MCR 7.209(G)(1)(f). I add up the figure with the interest and fee components before anything is filed, because a bond in the wrong amount is a bond someone can attack.
When the bond is smaller or not required
The bond rule has exceptions, and some of them decide whether an appeal is affordable at all.
- Domestic relations. The 110% bond requirement applies except in a domestic relations matter. MCR 7.209(E)(2)(a).
- Insurance. When the court is satisfied that all or part of the appellant’s liability is insured by an authorized surety company or insurance carrier, the court may not require an appeal bond or a bond to stay execution up to the amount of the coverage. If the judgment is more than the coverage, the court must grant a stay of execution on the filing of a bond for the difference. MCL 500.3036. The rule adds that where the judgment is more than $1,000 over the coverage, the policy does not qualify for the excess, and a stay requires a bond for the extra amount or a court order waiving it. MCR 7.209(H)(3).
- Inability to pay. If a party required to give a bond is unable to by reason of poverty, the court may limit or eliminate the requirement for surety on appropriate conditions and for a reasonable time. MCR 3.604(L).
- Government parties. A statute exempting a municipality or other governmental agency from filing a bond supersedes the bond requirements of MCR 7.209. MCR 7.209(H)(4); see also MCR 2.614(E).
- A court-ordered stay. The trial court may grant a stay with or without a bond, or with a reduced bond, as justice requires. MCR 7.209(E)(2)(b). I ask for this relief when the 110% figure would end the business or sell the house before the appeal is decided, and I support the request with the facts.
Other stays you may not know about
The general rule that an appeal does not stay a judgment has several carve-outs, and a few of them run the other way.
If the appeal is from an order granting, dissolving or denying an injunction, the court may suspend, modify, restore or grant an injunction during the appeal on terms that protect the adverse party. MCR 2.614(C). If a government party appeals an order denying governmental immunity, the appeal stays all proceedings in the case until the issue is finally decided. MCR 2.614(D); MCR 7.209(A)(1).
Some orders are not stayed unless the court says so. In a probate matter, an order removing or appointing a fiduciary or a special personal representative, or granting a new trial or rehearing, among others, is not stayed pending appeal unless the court orders a stay on motion for good cause. MCR 5.802(C). An appeal from the family division of the circuit court, or from certain probate orders under the Mental Health Code and the Estates and Protected Individuals Code, does not stay the judgment unless the court specifically orders a stay. MCL 600.867(2).
Eviction appeals have their own rule. An appeal of right from a possessory judgment must be filed within 10 days after entry of the judgment. Filing the claim of appeal together with a bond or an escrow order stays all proceedings, including an order of eviction that has issued but not been executed. MCR 4.201(O)(2); MCR 4.201(O)(3)(b). A tenant who appeals cannot sit on that 10 days.
Stays in the Court of Appeals and the Supreme Court
If the trial court denies a stay, or sets a bond that is out of reach, a party can go to the Court of Appeals, but only after the trial court has decided the motion. The motion must include a copy of the trial court’s opinion and order and a transcript of the hearing on the motion in the trial court. MCR 7.209(A)(2), (3). The Court of Appeals may amend the amount of a bond, order an additional or different bond, or require different or additional sureties, and on its own initiative or a party’s motion it may stay trial court proceedings or the enforcement of a judgment on terms it considers just. MCR 7.209(D). Where a stay is needed only long enough to bring the motion, the court that will hear the motion may enter an ex parte stay. MCR 7.209(I).
The trial court keeps authority over stay and bond matters during the appeal, except as the Court of Appeals orders otherwise. MCR 7.208(G). A stay bond filed in the Court of Appeals carries forward: it operates to stay proceedings pending disposition of an appeal in the Michigan Supreme Court unless the Supreme Court or the Court of Appeals orders otherwise. MCR 7.305(J). And a Court of Appeals judgment generally takes effect only after the time to apply to the Supreme Court runs out, or, if an application is filed, after the Supreme Court decides it. MCR 7.215(F)(1). That timing is the reason the bond has to cover the whole appeal and not only the first stage.
Criminal appeals: bond pending appeal and surrender
In a criminal case the default runs the other way. A criminal judgment may be executed immediately, even before the time to appeal has run, unless bond pending appeal is allowed and filed with the trial court. Granting the bond and its amount are within the trial court’s discretion, subject to applicable law and rules, and the bond must be sufficient to guarantee the defendant’s appearance. MCR 7.209(B)(2). For an appeal to the circuit court the same rule appears in MCR 7.108(C)(1).
The statutes limit who can be released. During an appeal or an application for leave, a judge may admit the defendant to bail only if the offense is bailable and is not an assaultive crime or sexual assault of a minor as the statutes define them. MCL 770.9. A defendant convicted of an assaultive crime and sentenced to imprisonment who has appealed must be detained unless the trial court or the court to which the appeal is taken finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons, that the appeal raises a substantial question of law or fact, and that the sexual-assault-of-a-minor bar does not apply. MCL 770.9a(2). For a defendant sentenced to imprisonment for sexual assault of a minor, as MCL 770.9b defines it, the statute says the defendant shall be detained and shall not be admitted to bail. MCL 770.9b(2). If I am asked about bond after a conviction, the first thing I read is the offense list in those two sections.
When bond is allowed, the defendant must promise in writing to prosecute the appeal to decision, to surrender to the sheriff or other custodial authority if a prison sentence is affirmed or the appeal is dismissed, to comply with the court’s order if the sentence is other than incarceration, to appear if the case is remanded or a conviction is reversed and retrial is allowed, to remain in Michigan unless the court gives written approval to leave, and to notify the clerk of a change of address. MCR 7.209(F)(2). A defendant who files a bond after conviction must give notice to the county prosecuting attorney of the time and place, and the bond is subject to the objection procedure in MCR 3.604. MCR 7.209(G)(2). The promise to surrender is a real obligation, and I go over it with clients before a bond is posted.
What an appeal costs: fees, transcripts and costs awarded
Court fees. The Court of Appeals clerk collects $375 for an appeal of right, an application for leave to appeal or an original proceeding, and the fee is paid only once when several parties appeal the same lower court order and the appeals can be consolidated. A motion costs $100, and a motion for immediate consideration or to expedite costs $200, with the fee waived for a prosecuting attorney on an appeal arising out of a criminal proceeding. MCL 600.321(1). The clerk can confirm the fee when you file. A person who cannot pay may move to waive the fees with an affidavit stating facts showing the inability. MCL 600.321(4).
Transcripts. The appellant is responsible for securing the filing of the transcript and, unless a rule or order says otherwise, must order the full transcript from the court reporter or recorder. MCR 7.210(B)(1)(a). In most cases the reporter has 91 days after the order to file it. MCR 7.210(B)(3)(b). Transcripts are often the largest cost after the fee. A trial court may order less than the full transcript on a motion filed within the time for filing an appeal. MCR 7.210(B)(1)(c).
Costs awarded to the prevailing party. Unless the Court of Appeals directs otherwise, the prevailing party in a civil case is entitled to costs. The bill of costs is due within 49 days after the dispositive order, opinion or order denying reconsideration is mailed, or within 28 days of a Supreme Court decision reversing the Court of Appeals, and a late bill waives the right. MCR 7.219(A), (B). Objections are due within seven days after the bill is served. MCR 7.219(C). Taxable costs can include the stay bond, so I keep the premium receipts. MCR 7.219(G).
Sanctions and costs for a bad appeal
The Court of Appeals may assess actual and punitive damages when an appeal was taken for hindrance or delay or without any reasonable basis for belief that there was a meritorious issue. MCR 7.216(C)(1). An appeal filed only to buy time on a judgment is the clearest example, and I tell clients so before they decide.
How I handle a stay, bond or cost question
- Fix the dates. I start with the judgment or order, its entry date and any postjudgment motion, and I work out when the 21-day delay ends and when the appeal deadline runs.
- Add up the exposure. For a money judgment I compute the judgment, costs, interest, attorney fees and sanctions to the filing date, so the bond figure is right.
- Choose the form of security. I compare a surety bond, cash or securities, a letter of credit, insurance coverage and a request for a reduced bond or no bond, and tell you what each costs.
- File in the trial court first. I prepare the bond, the proposed stay order and the motion if one is needed, and I file where the rules require.
- Watch the objection window. If I represent the party holding the judgment, I check the surety and the amount inside seven days. If I represent the appellant, I am ready for that challenge.
- Keep the stay in place. I calendar the later steps, because a stay tied to a bond lasts only as long as the conditions are met.
- Track the costs. I keep receipts for fees, transcripts and bond premiums so a bill of costs can be filed on time, or contested.
- Tell you when an appeal is not worth it. If the bond, the fees and the risk of sanctions outweigh what an appeal could change, I say so.
What I need from you
Bring the judgment or order with its entry date, the register of actions if you have it, and any notice of entry. Bring anything that shows the amount, such as interest calculations, fee awards and sanctions orders, and any bond or stay order already filed. If you are the party who owes, bring proof of what you own and owe, insurance policies that may cover the claim, and the name of any surety or bank you have discussed a bond with. If you are the party holding the judgment, bring the collection steps already taken. In a criminal case, bring the judgment of sentence, the bond paperwork and a list of any travel or work you need to do. Do not move or hide assets, do not sign a satisfaction or release of judgment, and do not let the time to ask for a stay run out because you are waiting to hear about the appeal.
Where your Kent County stay or bond motion will be heard
I represent clients in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A bond is filed with the clerk of the court that entered the judgment to be stayed, so the court depends on where the case was heard. MCR 7.209(G). Under MCL 600.8301(1), the district court has exclusive jurisdiction in civil actions when the amount in controversy does not exceed $25,000, and the circuit court has original jurisdiction over civil claims not given exclusively to another court (MCL 600.605), so larger claims go to the Kent County Circuit Court. The Kent County district courts are set by statute: the 61st serves the city of Grand Rapids, the 59th serves Grandville and Walker, the 62A serves Wyoming, the 62B serves Kentwood, and the 63rd serves the rest of the county. MCL 600.8128a; MCL 600.8130. The circuit court for Kent County is the seventeenth judicial circuit. MCL 600.518. I confirm at the consultation which court your motion belongs in.
Why people hire me for a Michigan stay, bond or costs matter
You work directly with me, the lawyer handling your appeal. I give you the strengths and weaknesses straight, including what a bond will cost, what a stay does and does not protect, and the risk that an appeal costs more than it can change. I read the judgment and the rules before I advise you, and then we decide together how to proceed.
Fees depend on the matter, its complexity and the work required. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people deciding whether an appeal will stop a judgment
Does filing an appeal stop a Michigan trial court judgment from being enforced?
Generally no. MCR 7.209(A)(1) says an appeal does not stay the effect or enforceability of a trial court judgment or order unless the trial court or the Court of Appeals orders otherwise, subject to specific automatic stays such as those in MCR 2.614 or MCL 600.867. A motion for a stay or bond may not be filed in the Court of Appeals unless the trial court decided such a motion first.
How much is the bond to stay a money judgment pending appeal in Michigan?
To stay a money judgment, MCR 7.209(E)(2)(a) calls for a bond of not less than 110% of the judgment or order being enforced, including costs, interest, attorney fees and sanctions assessed to the date the bond is filed. The party who won is the obligee. The rule treats the judgment as automatically stayed once that bond is filed.
Can I get bond pending appeal after a Michigan criminal conviction?
Possibly, but it is not a right. Under MCR 7.209(B)(2), granting bond pending appeal in a criminal case and the amount are within the trial court’s discretion, subject to applicable law and rules, and the bond must be sufficient to guarantee the defendant’s appearance. For a defendant sentenced to prison for an assaultive crime, MCL 770.9a allows bail pending appeal only if the court finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons and that the appeal raises a substantial question of law or fact, and MCL 770.9b bars bail pending appeal for a defendant sentenced to prison for sexual assault of a minor. Unless bond is allowed and filed, the judgment may be executed immediately, even before the time to appeal has run.
What does a Michigan Court of Appeals appeal cost in court fees and costs?
The Court of Appeals entry fee is $375 for an appeal of right, an application for leave to appeal, or an original proceeding under MCL 600.321(1)(a), plus $100 for most motions, and a person who cannot pay may move to waive fees with an affidavit. In civil cases the prevailing party is entitled to costs under MCR 7.219(A) unless the court directs otherwise, but a bill of costs must be filed within 49 days after the dispositive order or opinion is mailed, or the right to costs is waived.
How long does a Michigan appeal take from filing to decision?
The court rules set filing steps, not a decision date. In a civil appeal of right, the transcript can take up to 91 days to be filed after it is ordered, the appellant’s brief is due 56 days after the claim of appeal is filed or the transcript is filed, whichever is later, the appellee’s brief 35 days after service, and a reply 21 days after service of the appellee’s brief. Calendar notice follows under MCR 7.213(B).
Can I be sanctioned for filing a Michigan appeal that has no merit?
Yes. MCR 7.216(C) lets the Court of Appeals assess actual and punitive damages, or take other disciplinary action, when an appeal or proceeding in an appeal was taken for hindrance or delay or without any reasonable basis to believe there was a meritorious issue. Damages are limited to actual damages and expenses, including attorney fees, plus punitive damages up to the same amount.
Can I handle a Michigan appeal without a lawyer?
Yes. The court rules include provisions for self-represented parties, such as allowing a typewritten or legibly handwritten brief of up to 50 pages if you lack word-processing access. The jurisdictional deadlines in MCR 7.204(A) and MCR 7.205(A) are the same either way, and in a criminal case an indigent defendant can request an appointed lawyer on time.
Related Michigan pages
- Michigan appeals lawyer
- Civil appeals
- Motions for reconsideration and relief from judgment
- Appeals from district court, agencies and probate
- Collecting a judgment
I handle stays, bonds and the costs of appeal in Michigan for either side of a judgment. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
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Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.