§ 706.3.Additional Cash Deposits
Chapter 12: Judgment · Last amended October 1, 1993 · Last verified August 3, 2026
Full Text of § 706.3
Amendment History
Laws 1955, HB 813, p. 135, § 2; Amended by Laws 1983, HB 1040, c. 56, §3, eff. 11/1/1983; Amended by Laws 1993, HB 1468, c. 351, §15, eff. 10/1/1993.
Plain-English Summary
A cash deposit that discharges a judgment lien under Section 706.2 doesn't always stay big enough — interest keeps running, costs keep adding up. Section 706.3 gives the judgment creditor a way to fix that: file a written motion explaining why the deposit has become insufficient, and ask the trial court to order the debtor to deposit more.
If the court agrees the deposit doesn't cover the full judgment, interest, costs, and fees, plus the appeal's own costs and interest, it orders additional cash deposited. If the debtor doesn't come up with it within the time the court sets, the creditor can go ahead and file a Statement of Judgment, creating a lien effective on filing with the county clerk under Section 706, and can then enforce the judgment against the debtor's property, including the cash already on deposit with the clerk.
Frequently Asked Questions
What can a judgment creditor do if the debtor's appeal deposit is no longer enough?
File a written motion with the trial court explaining why the deposit under Section 706.2 has become insufficient and asking for an order requiring more cash.
What happens if the debtor doesn't deposit the additional cash the court orders?
The judgment creditor may file a Statement of Judgment, creating a lien effective upon filing with the county clerk, and may enforce the judgment against the debtor's property, including the cash already deposited.
Does the court have to find the original deposit is insufficient before ordering more?
Yes, the court must find the cash on deposit doesn't cover the whole judgment, including interest, costs, and attorney fees, plus appeal costs and interest, before ordering an additional deposit.