If during the appeal of a money judgment, money has been deposited by the judgment debtor pursuant to Section 706.2 of this title and the deposit has become insufficient, the judgment creditor may request the trial court to order the deposit of additional cash. The request shall be in the form of a written motion which shall recite the facts which support the request.
If the court finds that the cash deposited is insufficient to cover the whole amount of the judgment, including interest, costs, and any attorneys fees, together with costs and interest on the appeal, the court shall order the deposit of additional cash. If the additional cash is not deposited within a reasonable time set by the court, the judgment creditor may thereafter file a Statement of Judgment, which shall create a lien effective upon its filing with the county clerk as provided in Section 706 of this title, and may enforce the judgment against the property of the judgment debtor including the cash previously deposited with the court clerk.
Added by Laws 1955, p. 135, § 2. Amended by Laws 1983, c. 56, § 3, eff. Nov. 1, 1983; Laws 1993, c. 351, § 15, eff. Oct. 1, 1993.
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