What is an Appeal Bond? | How does Appeal Bond Work?
- What is an Appeal Bond? | Appeal Bond Work
- When is an Appeal Bond or Surety Bond Required?
- Why do Appeal Bonds Require Collateral?
- The Appeal Bond Process
- How Much Does an Appeal Bond Cost?
- What Happens if You Lose the Appeal?
- How do I Apply for an Appeal Bond?
- Appeal Bond Alternatives
- Frequently Asked Questions
- Key Takeaways
What is an Appeal Bond? | Appeal Bond Work
The appeal bond provides security that if the appealing party loses the appeal, the judgment amount will be paid. Essentially, it is a guarantee that the appellant has the means to pay the judgment if the request fails.
Some key facts about appeal bonds:
- They allow the losing party to delay payment of a judgment while appealing to a higher court. This prevents the execution of the sentence while the appeal is in progress.
- The bond amount is usually set at the full amount of the judgment plus any interest and costs. This covers the full review if the appeal fails.
- The bond is obtained from a surety company in exchange for a premium payment. The surety company guarantees the bond amount to the court.
- If the appeal fails, the surety company pays the judgment amount (up to the bond limit). The appealing party reimburses the surety company.
- Appeal bonds are a type of court bond used specifically for appeals. Other types of bonds are used for different court proceedings.
So, in summary, an appeal bond allows an appellant to delay paying a judgment while filing an appeal, providing security that the decision will be paid if the request fails. This prevents execution of the lower court's ruling until the appeal process concludes.
When is an Appeal Bond or Surety Bond Required?
- Type of court - Appeal bonds are more commonly required when appealing from limited jurisdiction courts (small claims, municipal, etc.) to general jurisdiction courts.
- Judgment amount - Most jurisdictions require an appeal bond if the judgment amount exceeds a certain dollar threshold, such as $10,000 or $25,000. Smaller judgments may not need a bond.
- Type of judgment - Appeal bonds are commonly required for monetary decisions directing payment to the other party. They are less likely to be needed for non-monetary decisions.
- State or federal courts - Bond requirements vary between state and federal court systems. Federal courts generally have greater discretion on whether to require a bond.
- Frivolous appeals - If the court determines the request is fanciful or unlikely to succeed, it may require an appeal bond even if one is not normally required. This discourages non-serious requests.
Generally, an appeal bond is most often required when a significant money judgment is appealed from a limited jurisdiction court to a public jurisdiction court. The bond ensures the winning party can collect if the appeal fails. The specific requirements vary by jurisdiction.
Why do Appeal Bonds Require Collateral?
- To ensure payment of costs and damages if the appeal fails. The appellee may be awarded costs and damages if the request is unsuccessful. Requiring a bond guarantee, funds are available to pay these if the appellant loses.
- To discourage frivolous appeals. Requiring the appellant to post a bond creates a financial deterrent to filing appeals that lack merit. It makes the appellant think twice before tying the courts with a weak case.
- To preserve the status quo during the appeal. An appeal bond maintains the situation when the original judgment was entered. This prevents the appellant from dissipating assets or taking other actions that would make it hard to enforce the judgment later.
- To compensate for any losses while the appeal is pending. If the appellee suffers financial losses while awaiting the appeal decision, the bond money can help cover those damages if the request fails.
So, in summary, appeal bonds provide financial security to the appellee and the courts if the appeal fails. The collateral behind the bond ensures there is money to pay costs, damages, and other expenses resulting from a fruitless appeal effort by the appellant.
The Appeal Bond Process
- The losing party files a notice of appeal to challenge the lower court's judgment. This commences the appeal process.
- The lower court sets the appeal bond amount, typically for the full judgment amount plus estimated interest and costs. This is to fully secure the judgment.
- The appellant requests an appeal bond quote from a surety bond company. This is based on the required bond amount.
- To obtain the bond, the appellant provides financial and other underwriting information to the surety company. This is used to assess risk and determine bond eligibility.
- The surety company evaluates the appellant's financial strength and creditworthiness. This ensures the ability to pay the bond if the appeal fails.
- If approved, the appellant pays the bond premium, and the surety company issues the appeal bond. This bond is filed with the court.
- The lower court judgment stays once the appeal bond is issued. This prevents collection attempts while the appeal proceeds.
- If the appellant loses the appeal, the surety company pays the judgment amount per the bond guarantee (up to the stated limit).
- The appellant reimburses the surety company for any bond payments made.
- The bond guarantee is voided if the appellant wins and no payments are made.
This allows the appeal to move forward while protecting the appellee with a guarantee of payment if the request fails. The surety bond backs the appellant's ability to pay.
How Much Does an Appeal Bond Cost?
Collateral - The surety company may require collateral like cash or property to secure repayment if the bond is called. Real estate is commonly used as collateral for larger bonds.
Additional costs may include application fees, title searches using real estate as collateral, and attorney fees. Total first-year costs can range from 1-20% of the bond amount.
Ongoing costs include annual bond premiums and fees to maintain the bond guarantee until the appeal concludes. If the request drags on for years, these costs can add up.
In summary, appeal bond costs vary based on the bond amount, financial strength of the applicant, collateral provided, and other surety requirements. Strong applicants with assets get better rates.
What Happens if You Lose the Appeal?
If an appellant loses the appeal, here is what happens with the appeal bond:
- The higher court affirms the lower court's judgment in favor of the appellee. The initial assessment stands.
- The appellee can then demand payment from the surety company that issued the appeal bond. They must submit the final court judgment showing the appeal failed.
- The surety company pays the appellee the amount owed on the judgment up to the stated limit of the appeal bond. This satisfies the decision since the bond guarantees payment.
- The surety company then sought reimbursement from the appellant, who obtained the appeal bond and lost the appeal. This is required under the indemnity agreement signed by the appellant.
- The appellant must reimburse the surety company for the amount paid on bonds. This repayment obligation was confirmed when originally applying for the bond.
- If the appellant fails to reimburse the surety company, the surety can pursue collection efforts. This can include liens or seizure of assets as collateral for the bond.
- The appellee still has the option to pursue additional collection efforts against the appellant directly if the judgment amount exceeds the appeal bond limit. The bond satisfied payment only up to the stated limit.
In summary, losing an appeal means the bond pays out to the appellee, and the appellant owes reimbursement to the surety company. The adhesive secures payment, but the appellant remains responsible.
How do I Apply for an Appeal Bond
If the judge grants the motion, they will set a bond amount. The defendant or a bondsman can pay that amount to secure the defendant's release while awaiting the appeal decision. Before deciding, the judge will consider arguments from both sides on whether the bond is appropriate.
Appeal Bond Alternatives
- Supersedeas petition - File a motion asking the court to maintain enforcement of the judgment without requiring a bond. Grounds can include inability to obtain a bond or extreme financial hardship.
- Reduce bond amount - File a motion to lower the required amount based on the inability to pay the full amount. Provide documentation of financial condition.
- Cash deposit - Make a cash deposit with the court for the judgment amount instead of getting a bond. This earns interest while held.
- Property bond - Pledge property directly as bond collateral instead of using a surety. The court liens the property.
- Letter of credit - Have a bank issue a letter of credit to back the appeal. The bank guarantees funds to the court if needed.
- Appeal on the merits - Seek to appeal without any bond or deposit, arguing the request has high prices and is likely to succeed.
- Payment plan - Offer the appellee a structured payment plan for the installment judgment amount over time.
The availability of these options differs by jurisdiction. They provide potential alternatives to satisfy the court's need for security without requiring a full appeal bond.
Frequently Asked Questions
What is the difference between an appeal bond and a surety bond?
When does an appeal bond have to be posted?
Can an appeal bond be waived?
Who pays for the appeal bond?
What happens if the appeal bond amount is less than the judgment?
When does the appeal bond get released?
Can an appeal bond be recovered if the appeal succeeds?
Key Takeaways
- An appeal bond allows an appellant to delay paying a judgment while filing an appeal. It provides security the decision will be paid if the request fails.
- Appeal bonds are typically required for judgments over a certain dollar amount appealed from limited jurisdiction to general jurisdiction courts.
- The appellant purchases the bond from a surety company in exchange for premium payments and collateral. The surety company guarantees payment to the appellee if the appeal loses.
- Costs include bond premiums and fees, which vary based on the applicant's financial strength and the amount of collateral provided. These costs are non-recoverable even if the appeal succeeds.
- If the appellate fails, the surety company pays the judgment amount up to the bond limit. The appellant must then reimburse the surety company per the indemnity agreement.
- Alternatives may be available if an appellant cannot obtain an appeal bond, such as a supersedeas petition, cash deposit, or payment plan.
Appeal bonds provide critical protection to appellees during the appeal process. Understanding the costs, risks, and alternatives allows appellants to navigate this process to exercise their legal right to appeal.