Appeal Bonds

Experienced with Appeal Bonds.  Reliable.  Responsive.

✔ Licensed in 50 states
✔ Unlimited capacity
✔ Urgent attention to each request

MARKET LEADERS IN APPEAL BONDS

Attorneys, insurance carriers, companies, and others turn to International Sureties for appeal bonds because of our experience and quick attention given to these specialty items.  Our Court Department is widely regarded among sureties as the industry leader for appeal bonds.

The single best thing an attorney (or anyone else) who has never had to get an appeal bond can do is e-mail, call, or request to be contacted by one of our lead Court Bond Specialists to walk you through the process. 

FAQs

When are appeal bonds needed?

Bonds are lodged with the court after a judgment is rendered. Without a verdict, there is no need to post bond, and there is no benefit to doing so without an enforceable alternative.

How much is the bond amount?

The bond amount will be determined based on the statutory regulations in each state or set by the judge. The surety company cannot tell you what the bond amount should be, but rather the defense attorney should calculate it or ask for it to be set by the court. Occasionally, opponents might disagree with the amount and both parties would then be able to apply for a ruling as to the sufficiency of the amount

Who benefits from the bond?

The bond runs in favor of the opponent of the party required to obtain the bond. The bond Principal would typically be the judgment debtor, whose responsibility it is to secure the judgment creditor with bond if he or she desires to appeal the ruling. Thus, while the judgment creditor does not get to collect against the pending verdict, he or she does receive the benefit of surety that his or her funds are secure and available for collection if the appeal is dismissed or upheld

Who acts as surety?

Historically a surety could be any person with sufficient assets in the state acceptable to the court. In the last half century with the advent of commercial surety, sureties are typically insurance companies that have a specific bonding arm. However, the surety companies are all accessed through agencies such as the major international insurance brokers, but they mostly specialize in contract surety. Appeal bonds, being one of the most complex types of commercial surety bonds, should be dealt with by someone who handles them regularly because it is those companies that can arrange for the best terms. 

What to do if you need a bond…

An appeal bond cannot simply be approved by completing some generic info online and clicking submit. It is a guarantee of solvency and the terms can vary dramatically, so it is highly recommended to discuss with the professionals at International Sureties who can quickly respond to your needs and arrange for the most favorable terms. These bonds are usually needed immediately, and every case is different, so there is no cookie–cutter solution. Please reach out with a phone call or e–mail.

Does the bond pay the judgment?

No. That’s the short answer. The bond is a guarantee by the surety company that the principal on the bond (judgment debtor) will remain solvent and able to pay upon the appellate court’s (or any court there after) decision. The surety company and principal make their own arrangements outside of the purview of the court to ensure the judgment will be paid by the principal.

The complex nature of appeal bonds

Nobody wants to obtain a bond. It is a requirement of the court, but the major benefit of delaying payment until the appellate court rules can be significant. You get to keep your funds for the time being. Further, if you pay the judgment and then win upon appeal, there is no guarantee you’ll be able to collect the funds back from your opponent! Since some sum of money is due and owing, and with only 20% of appeals being overturned, the surety companies assume that each judgment will be upheld. As a result, collateral is often required, but not always.

For assistance with Appeal Bonds, please contact one of our Court Bond specialists:

Conway Marshall

cmarshall@internationalsureties.com
(504) 581-4277

 

Amanda Riedl

ariedl@internationalsureties.com
(504) 581-1864

 

 

Francesca Menard

fmenard@internationalsureties.com
(504) 581-4275

 

Clark Fitz-Hugh

cfitz@internationalsureties.com
(504) 581-4231

 

 

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