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Court Bond Types

Bonds are required in many court proceedings to provide protection from possible loss as a result of the outcome of the proceeding. Court bonds are guarantees required by courts at various points in legal proceedings and include appeal bonds, lis pendens bonds, injunction bonds, cost sureties, administrator bonds, lost note bonds, stop notice bonds, the release of lien bonds and attachment bonds. There are many types of court surety bond required by federal, state, county or municipal courts. Commonly requested bonds are explained below.

  • Probate – are often referred to as fiduciary bonds, guardian, guardianship, or trustee bond. A probate bond provides a safeguard that the executor of an estate will distribute assets and property of the estate according to the wishes of the will of the deceased, or, if there is no will, in accordance with the jurisdiction’s laws. If the individual is still living but is incapacitated, the surety protects the individual’s assets from being misappropriated by the guardian assigned to that individual. We can cover all court bond types with our bonding program.
  • Injunction – are required by a plaintiff that is held liable for damages in the event of a false injunction. This bond generally protects the party who is wrongly accused by a plaintiff and suffers financial loss. This bond is also commonly referred to as a TRO bond or a temporary restraining order bond.
  • Replevin – is given by a plaintiff who is claiming ownership of property in the hands of the defendant, or a legal right to possession of said belongings or property. A replevin action states a plaintiff’s claim of legal right or ownership of the belongings or property and entitlement of immediate possession of the belongings in question.
  • Attachment – can be requested by either a plaintiff or a defendant. An attachment bond can provide indemnity to a defendant against loss or damage if the court decides on the grounds that the plaintiff’s claim did not exist. A defendant may request an attachment bond to discharge an attachment by filing the bond with the court in lieu of any judgment that may be rendered against them. A plaintiff may use an attachment bond to take a defendant’s property into custody by court order until the trial decides the merits of the case.
  • Appeal – generally supersedes or stands in place of a judgment until the courts ruling. This type of bond is also often referred to as a supersedeas bond.
  • Mechanic’s Lien – are filed by a third party, generally for amounts due for labor and materials for renovations or construction of the real property. Until the case is decided, the owner of said property can have the lien discharged by filing the bond with the court. It could be that the owner may ultimately have to pay the claim and seek recourse against a contractor, depending on the findings of the court.

Our team can assist you with all court bond types. No matter what your bonding needs may be, we can help. We love to answer questions about bonding, so feel free to pick up the phone and give us a call.