§ 9-13-70.Suspension of execution for 60 days pending payment; bond
Chapter 13. Executions and Judicial Sales · Article 4. Satisfaction or Discharge of Judgment and Execution · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-13-70
Plain-English Summary
A verdict or judgment does not always have to trigger an immediate execution. This section gives the losing party a short window to buy time instead of facing collection right away. Within four days after the court adjourns, the party against whom the verdict or judgment was entered may — either in open court or in the clerk's office — enter into a bond, backed by good and sufficient security, promising to pay the verdict or judgment and costs within 60 days.
Once that bond and security are in place, subsection (b) suspends the verdict and judgment, or any execution already resting on it, for the full 60 days. During that window, the judgment creditor cannot pursue collection; the debtor has bought a defined stretch of breathing room to come up with the money.
The consequence of missing that deadline is automatic and does not require the creditor to go back to court. If the party fails to pay within the 60 days, execution issues against both the party and the security — the person who backed the bond is on the hook right alongside the original debtor, without any further proceedings needed to establish that liability.
Frequently Asked Questions
How much time does a losing party have to post a bond suspending execution?
The bond must be entered within four days after the adjournment of the court that rendered the verdict or judgment.
What does posting the bond accomplish?
It suspends the verdict and judgment, or execution already issued on it, for 60 days, during which the judgment creditor cannot pursue collection.
What happens if the debtor still has not paid by the end of the 60 days?
Execution issues automatically against both the debtor and the security who backed the bond, without any further proceedings required.
Where can the bond be entered?
Either in open court or in the clerk's office, within the four-day window.
Is the security who backs the bond exposed to the same execution as the original debtor?
Yes. If payment is not made within the 60 days, execution issues against the party and the security together.
Amendment History
Laws 1799, Cobb’s 1851 Digest, p. 494; Code 1863, §§ 3588, 3589; Code 1868, §§ 3611, 3612; Code 1873, §§ 3661, 3662; Code 1882, §§ 3661, 3662; Civil Code 1895, §§ 5439, 5440; Civil Code 1910, §§ 6044, 6045; Code 1933, §§ 39-501, 39-502.