While supersedeas bonds are by far the most common form of security used by appellants to stay enforcement of a judgment, there are a limited number of jurisdictions that allow letters of credit from banks as an alternative form of security. If you happen to have a client with a judgment in one of those […]
Pros and Cons of Using a Letter of Credit to Stay Enforcement of a Judgment Read More »
When appellants don’t timely stay enforcement of a judgment, it can lead to severe consequences. In this article, we aim to educate attorneys on the most common reasons for delays in procuring an appeal bond as security for the stay by citing specific examples, because as Charlie Munger from Berkshire Hathaway once said, “A problem
Avoiding Unexpected Delays in the Appeal Bond Process Read More »
Staying enforcement of a judgment using appeal bonds is a topic most practitioners only have vague familiarity with, but the implications are often significant. This article provides a primer on the basics that will arm attorneys with the knowledge and tools they need to serve their clients that are faced with a judgment. Read Article
Appeal Bonds 101: For Insurers and Insureds Read More »
A lot of people have a sense that appeal bonds sometimes require collateral. How much collateral might be required and in what circumstances is usually a mystery, and the aim of this article is to help understand how appeal bonds are underwritten by surety companies and what is required to put them in place. Before
How Much Do You Have to Put Up for an Appeal Bond? Read More »
Posted: January 9th, 2023 When most attorneys inquire about the cost for an appeal bond, their question typically focuses around the annual premium that the surety company will charge. This is totally appropriate in most circumstances, but when the client is using cash as collateral to secure the bond, there is a second part of
How Rising Interest Rates Reduce Appeal Bond Costs Read More »
While cash is one of the most well-known forms of collateral that can be used to secure appeal bonds, it is also one of the least understood in terms of its benefits. Part of the confusion comes, because some courts will actually accept cash directly in lieu of an appeal bond, which makes people wonder
Collateralizing an Appeal Bond with Cash Read More »
When clients and attorneys call around to various insurance agents in search of an appeal bond, they are often told that 100% collateral is required. While this is often the case, there are some important exceptions that are important to be aware of. Before getting into those exceptions, it’s important to understand how surety bonds
Qualifying for an Appeal Bond Without Collateral Read More »
In a civil litigation case, your client may be required to secure a supersedeas bond in order to move forward with an appeal to overturn a lower court’s decision. It is important for the client to understand the process of obtaining this type of bond, but also what a supersedeas bond is Below you’ll find
How to Get a Supersedeas Bond Read More »
Exploring how to get an appeal bond entails more than discussing the steps involved. You want to have your client understand what an appeal bond is, what it does, and to be prepared for the costs associated with it rather than only knowing that one needs to be posted with the court. With that in
How to Get an Appeal Bond Read More »
In order to stay enforcement of a civil judgment, state and federal laws generally require security to be posted with the court by the judgment debtor to protect the judgment creditor, and one of the most common forms of security used is supersedes bonds. Supersedeas bonds, also known as appeal bonds, are a type of
How to Know if a Surety is Court Approved for Supersedeas Bonds Read More »
