Appeal Bond

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What is an Appeal Bond?

An Appeal Bond, also known as a supersedeas bond, is a type of court bond, required when appealing a court decision or judgment. It serves as a financial guarantee that you will fulfill any court-ordered payments to the prevailing party if you lack the necessary funds. If you would like to learn more about what surety bonds are and how they work, you can read our detailed guide.

Who Needs an Appeal Bond?

Appeal bonds are usually required if you need to appeal a decision or judgment in a court of law. An Appeal Bond ensures that you will pay any claims on the bond that can occur if you don't have the funds available to pay the winning party as ordered by the court. It’s up to the court to determine if an Appeal Bond is required for the appeal process to take place.

How to Get an Appeal Bond

Obtaining an Appeal Bond involves a few key steps:

  • Determine the required bond amount: The court will determine the bond amount, usually equal to the initial judgment, along with any anticipated interest and court costs that may be due throughout the appeal process.
  • Complete the application process: Fill and submit our Court Bond Application form, together with the Personal Financial Statement and Credit Release Form.
  • Undergo financial review: We will evaluate your financial stability, which includes conducting credit checks and assessing your assets, to gauge the risk associated with issuing the surety bond.
  • Pay the bond premium and sign the indemnity agreement: Upon approval, you will be required to pay a premium, calculated as a percentage of the bond amount. The premium rate is determined by your financial status and the bond amount.
  • File the bond with the court: Once you have acquired the bond, submit it to the court, allowing the appeal process to proceed.

How Much do Appeal Bonds Cost?

Pricing is a percentage of the bond amount, typically between 1% and 10%, which is determined using your business financial strength. You can use our free bond premium calculator tool to get an appeal bond price estimate, or you can apply online to get a firm quote.

How Does an Appeal Bond Work?

The story of Larry, one of our clients from Nebraska, can help you understand how an Appeal Bond works and its role in the appeal process.

Larry found himself in a complex legal battle over a property dispute. The initial court judgment didn't favor him but he was determined to appeal the decision, believing that he had strong grounds for overturning the ruling. However, the appellate court required Larry to obtain an Appeal Bond as a condition for filing his appeal.

He reached out to us, seeking assistance in obtaining the required bond. We assessed his financial standing and promptly processed his bond application. Once approved, Larry paid the premium, a percentage of the bond amount, and we issued the Appeal Bond.

The surety bond played a critical role in Larry's appeal by serving as a financial guarantee. It allowed him to continue with the appellate process while protecting the interests of the opposing party in case the original judgment was upheld. Throughout the appeal proceedings, the bond provided assurance to the judgment creditor that they would be compensated if Larry's appeal failed.

In the end, Larry's appeal was successful, and the appellate court ruled in his favor. If the court had ruled against Larry, he would have had to pay the winning party the original judgment due, in addition to any interest or cost accrued during the appeal. Should Larry have been unable to pay that sum, the appellee could have filed a claim against the bond and have the surety pay it from the collateral Larry presented to have his bond issued.

Frequently Asked Questions

Yes. However, only if you are able to demonstrate significant financial strength (e.g. Fortune 500 companies).

No. We do not write appeal bonds relating to criminal matters.

Yes. You can fill out our appeal bond application on our website and get approved for a federal appeal bond.

You must contact us immediately, as we have a team of claim specialists here to find a resolution for you. Keep in mind, it is crucial that you work with an expert in the surety industry. Learn more about how to ensure you choose the proper bond company.

You can take a look at our full list of court bonds.

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