(a) This section is an alternative to the Minnesota Rule of Civil Appellate Procedure, Rule 108.02, subdivision 3. Execution of a judgment for the payment of money only shall be stayed during the course of all appeals or discretionary appellate reviews of a judgment if, within ten days after the entry thereof, the judgment debtor shall file with the court administrator a bond, running to the judgment creditor, the creditor's personal representatives, and assigns. The amount of the bond must be in the amount of the judgment, or a lesser amount approved by the court in the interests of justice. The total appeal bond that is required of all appellants must not exceed $150,000,000, regardless of the value of the judgment. The bond must be conditioned for the payment of the judgment, with interest during the time for which the stay is granted. Interest shall be computed in the same manner and at the same rate provided for interest on verdicts in section 549.09. Within two days thereafter notice that such bond has been filed, with a copy of the same, shall be served on the judgment creditor, if the creditor be a resident of the county, or upon the creditor's agent or attorney, if the creditor has one, and the judgment creditor may except to the sufficiency of the bond; and, upon the creditor's application upon notice or order to show cause, the court, if it find the bond insufficient, may order execution to issue notwithstanding the same, unless the judgment debtor give such further bond as it shall deem sufficient. If the condition of any such bond be not performed, the execution shall issue for the amount of the judgment, with interest and costs, against the judgment debtor and the sureties. When an execution issues against sureties the officer shall certify in the return what amount, if any, was collected from them and the date thereof. If a stay be granted after execution issued, any levy made thereon shall be released and the execution shall be returned and the reason noted by the officer.
(b) Notwithstanding paragraph (a), if a judgment creditor provides evidence that a judgment debtor may be dissipating assets to avoid payment of a judgment, a court may enter orders that:
(1) are necessary to protect the judgment creditor; and
(2) require the judgment debtor to post a bond in an amount up to the total amount of the judgment.
(9446) RL s 4316; 1979 c 105 s 2; 1979 c 289 s 5; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 2004 c 190 s 1
Structure Minnesota Statutes
Chapters 540 - 552 — Civil Procedure
Chapter 550 — Executions, Redemption, Exemptions
Section 550.01 — Enforcement Of Judgment.
Section 550.011 — Judgment Debtor Disclosure.
Section 550.02 — Judgments; Methods Of Enforcement.
Section 550.03 — Kinds Of Execution.
Section 550.04 — Execution, How Issued; Contents.
Section 550.051 — Term Of Writ Of Execution; Inventory; Satisfaction.
Section 550.06 — Execution After Death.
Section 550.07 — Issuance Of Execution.
Section 550.08 — Execution Against Property, How Executed.
Section 550.09 — Levy On Money.
Section 550.10 — Property Levied On, Lien.
Section 550.11 — Levy On Property Subject To Judgment Lien; Release.
Section 550.12 — Levy On Personalty.
Section 550.13 — Levy On Bulky Articles.
Section 550.135 — Sheriff's Levy On Other Personal Property, Money, Or Indebtedness.
Section 550.136 — Sheriff's Levy Of Earnings.
Section 550.142 — Public Employees; Wages, Execution Levy.
Section 550.143 — Levy On Funds At A Financial Institution.
Section 550.15 — Certificate To Be Furnished Officer.
Section 550.16 — Levy On Pledged Or Mortgaged Chattels.
Section 550.17 — Levy On Growing Crops.
Section 550.175 — Execution On Real Property That Includes Homestead.
Section 550.18 — Notice Of Sale.
Section 550.19 — Service On Judgment Debtor.
Section 550.20 — Sale, When And How.
Section 550.206 — Report Of Sale Of Homestead On Execution; Confirmation; Resale.
Section 550.21 — Sale Of Corporate Stock.
Section 550.22 — Certificate Of Sale Of Real Property.
Section 550.23 — Interest Of Purchaser Subject To Attachment Or Judgment.
Section 550.24 — Redemption Of Real Property.
Section 550.26 — Redemption, How Made.
Section 550.27 — Certificate Of Redemption; Effect Of Redemption.
Section 550.28 — Sale Irregular Or Judgment Reversed.
Section 550.29 — Redemption Pending Action To Set Aside Execution Sale.
Section 550.30 — Creditor May Redeem In Certain Cases.
Section 550.31 — Creditor To Record Order With County Recorder.
Section 550.32 — Recording To Determine Priority.
Section 550.33 — Creditor May Redeem When.
Section 550.34 — District Court To Determine Amount.
Section 550.36 — Stay Of Execution On Money Judgment.
Section 550.365 — Mediation Notice And Requirements For Agricultural Property.
Section 550.366 — Judgments On Debts Related To Agricultural Property.
Section 550.37 — Property Exempt.
Section 550.371 — Exemptions In Joint Bankruptcy.
Section 550.38 — Veteran's Pension, Bonus, Or Compensation.
Section 550.39 — Exemption Of Insurance Policies.