Legal Opinion

Miga v. Jensen

Texas Supreme Court

Decided October 23, 2009No. 07-0123PublishedCited by 70 opinions

1Opinion of the CourtChief Justice Jefferson

A judgment debtor is entitled to supersede the judgment while pursuing an appeal; this defers payment until the matter is resolved but does not halt the accumulation of interest on the judgment. If the debtor rejects the supersedeas option and does not otherwise suspend enforcement, the creditor may execute on the judgment by seizing bank accounts or other property. To avoid seizure, the debtor may pay the judgment outright, which stops the accumulation of post-judgment interest. But these alternatives to suspending enforcement put at risk the judgment debt- or’s ability to recoup the seized…

2Cases cited12 opinions

  1. Fortune Production Co. v. Conoco, Inc.Texas Supreme Court · 2000
  2. Miga v. JensenTexas Supreme Court · 2002
  3. Dallas County Community College District v. BoltonTexas Supreme Court · 2005
  4. The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
  5. BMG Direct Marketing, Inc. v. PeakeTexas Supreme Court · 2005

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3Cited by70 opinions

  1. Berryman's South Fork, Inc. and Richard Berryman v. J. Baxter Brinkmann Internationial Corporation, Texas Court of Appeals, 5th District (Dallas)2013
  2. Vista Medical Center Hospital v. Texas Mutual Insurance Company, Texas Court of Appeals, 3rd District (Austin)2013
  3. Anglo-Dutch Petroleum International, Inc., and Anglo-Dutch (Tenge), LLC v. Greenberg Peden, P.C., and Gerald J. SwonkeCourt of Appeals of Texas · 2016
  4. Van Duzer v. U.S. Bank National Ass'nDistrict Court, S.D. Texas · 2014
  5. Alex Hernandez v. US Bank Trust NA as Trustee for LSF8 Master Participation Trust, Texas Court of Appeals, 8th District (El Paso)2017

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