how to collect on a supersedeas bond

Collecting on a supersedeas bond, also known as an appeal bond, is a legal process that occurs when a party wins a judgment but the opposing party wishes to appeal the decision. The appeal bond is a financial guarantee that the appealing party will pay the judgment amount, including any additional costs and interest, if they lose the appeal. If you are the party that won the judgment and need to collect on the supersedeas bond, here are the steps to follow:

1. Confirm the Bond Amount:

  • Ensure that you have accurate information about the amount of the supersedeas bond posted by the appealing party. This information is typically available through the court where the judgment was rendered.

2. Wait for the Appeal Outcome:

  • Allow the appellate process to run its course. The appealing party will have an opportunity to present their case in the appellate court. The court will then issue a decision.

3. Obtain a Writ of Execution (if necessary):

  • If the appellate court upholds the original judgment or if the appealing party does not comply with the court’s orders, you may need to request a writ of execution from the court where the judgment was initially entered. This writ authorizes the seizure of assets or property to satisfy the judgment.

4. Notify the Surety Company:

  • The supersedeas bond is typically backed by a surety company. Once the judgment is final and you have a writ of execution, notify the surety company that you intend to collect on the bond. Provide them with all necessary documentation, including the judgment and writ of execution.

5. Allow Time for Payment:

  • The surety company will review your claim and may require some time to process it. They may also investigate the validity of the claim. Be patient during this process.

6. Receive Payment from the Surety Company:

  • If the surety company approves your claim, they will provide payment for the judgment amount, including any additional costs and interest, up to the bond’s face value. This payment is typically made directly to you as the judgment creditor.

7. Verify Payment and Satisfaction:

  • Once you receive payment from the surety company, verify that it covers the entire judgment amount, including any additional costs and interest. Make sure you consider any applicable legal fees or expenses related to the collection process.

8. Release the Judgment:

  • If you have received full payment, notify the court that the judgment has been satisfied, and request that the court formally release the judgment from the record.

Remember that the process of collecting on a supersedeas bond can be complex, and it’s essential to follow legal procedures and deadlines carefully. Consult with an attorney experienced in civil litigation and judgment enforcement to ensure that you navigate this process correctly and effectively. Additionally, the specific rules and procedures may vary by jurisdiction, so it’s crucial to understand and follow the laws applicable to your case.

Leave a Reply

Related Articles

Back to top button