Suzzane

Motion to Stay Enforcement Pending Relief

Fiverr • Freelance

Aug 2026 - Present • 1 mo

Client: Trustee of a holding trust facing imminent enforcement of a $190,000 judgment entered on December 19, 2025, arising from a real estate transaction dispute. The judgment amount was based on a damages affidavit asserting gross loss without crediting substantial returned funds. A separate motion for relief from judgment under Rule 60(b) was pending to challenge the accuracy of the damages award. Client Goals: The primary goal was to obtain an order staying enforcement to prevent execution, levy, garnishment, or lien activity while post-judgment review was pending. The client sought to preserve the status quo, avoid irreparable financial harm, and ensure that the court's consideration of the damages dispute would remain meaningful and not rendered illusory by collection efforts. Challenges: Absent a stay, the client faced immediate and severe consequences including bank account garnishment, property liens, disruption of housing and credit, and financial instability that could not be fully remedied if the judgment was later modified. The opposing party had already asserted a gross figure exceeding actual net loss by more than 50%, and collection would compound the inequity. The balance required showing substantial questions on the merits of the Rule 60(b) motion while demonstrating no intent to dissipate assets or evade lawful obligations. How I Dealt With It: I drafted a motion under Rule 62 and general equitable authority, structuring arguments around four pillars: preservation of status quo pending Rule 60(b) resolution, irreparable