A lis pendens bond is a type of surety bond required of a plaintiff that is attempting to block the sale of property. Some cases such as divorce often hinge around property. In the event the defendant is attempting to sale the property before the court proceedings finish the plaintiff can step in and demand a temporary halt of sale. Now this could jeopardize the entire sale so the courts in every state will require a lis pendens bond to cover any financial hardship that should befall the defendant.
A court will require this surety bond in most states because there is still a possibility the stop of sale will be deemed wrongful. While the court recognizes the concerns of the plaintiff, they must account for the risk the defendant takes as well. By posting this bond a plaintiff shows the court good faith that the action is not done wrongfully or without merit.
When a plaintiff uses a lis pendens bond they are able to stop the sale of property faster than if they wait for the final court decision. It can take weeks or months to determine property ownership but a bond can generally be granted in a few days. This is especially helpful in situations where the acquisition of property is learned about on the fly.
The bond amount will be set by the court after determining the value of the sale, the cost to the court, and weighing any risk to the defendant. Once the bond amount is set it will be quick to post a bond. Jurisco will be standing by to help through the process. Have additional questions about a lis pendens bond in your state? Don’t hesitate to call or email us to speak with a surety bond professional today.
Cases concerning property are likely to concern bonds as well. One plaintiff bond that is often required is a replevin bond which is called into play when the defendant is being asked to relinquish control of property (i.e. vehicle, art, a house). A judge requires this sequestration to cover any damages the defendant may incur should the seized property be deemed invalid. California cases are dealing with replevin bonds more and more as the economy continues to try and regain stability in a land of foreclosures and evictions.
When determining the necessity and cost of a replevin bond in California the courts will set an amount based on the value of the property, plus any additional court cost. For instance, a bond covering a brand new luxury vehicle won’t be as high as, say, taking over possession of a home. Bottomline, the court simply wants a safeguard in place so the defendant is not left high and dry. There are situations where property has been turned over to the plaintiff only to have it deemed later that the property was the defendant’s all along.
A plaintiff has the right to seek back property, however, which is why the replevin surety bond is important. It shows the court that the plaintiff would not be taking such measures if he or she did not fully believe that the possession of ownership should go to them. In situations of car repossessions, for example, it is usually in the best interest of the plaintiff to retrieve the car before the court proceedings begin. This prevents further loss of property and money for the one bringing the suit.
The court will fully weigh the risk of the plaintiff and defendant when granting the bond and recovering property action. Be sure to find out the estimated value of the property to allow the bond process to happen seamlessly and quickly. Letting a replevin bond work in your case’s favor will save a lot of legal headaches.
Oregon courts are going to require an administrator bond for the administrator of an estate. This type of surety bond establishes protection for the estate, heirs, and those who are owed any money. Without this type of probate bond there would be limited recourse for those wrongfully done by the administrator of the estate. Often times the administrator is named in the person’s will along with instructions about which type of bond is necessary. If this does not occur an Oregon judge will appoint an administrator and set the bond amount.
One of the main reasons that an Oregon court will require a probate bond is to protect the interest of the estate and its debtors. By having an administrator bond, the heirs and those owed money by the estate will have legal recourse to seek damages should the administrator not fulfill his or her duties correctly.
An administrator of an estate has a lot of responsibility to handle. Not only are they the person responsible for sorting out the financial assets of the estate, but they have to notify any potential heirs about their share and role in the estate. They also have to contact any persons owed money by the estate to settle up any debts. Additionally, they have to leave the estate in sound condition and follow the person’s last will and testament instructions whether that is setting up a trust, selling property, or creating scholarships.
There is a lot of weight on an executor’s shoulders and a lot can go wrong. Again this is why an Oregon court will require an administrator bond. Not only does it give the estate and heirs protection, but it protects the administrator as well. It is in the best interest of the executor to have this surety bond so they are financially protected against any suits that claim wrong doing.
Cost of an Administrator Bond in Oregon
The cost of an administrator bond in Oregon is going to fluctuate depending on the wealth of the estate. The duration of the bond will also vary. Some estates can be handled in a matter of months while others may require years until they can track down payments and heirs. Whatever the cost of a surety bond it is sure to be a small fraction of what a person would have to pay should their administrative duties be called into legal question.
An executor without surety bond protection is a sitting duck. Any party who feels they have been done wrong by the execution of the will or estate can bring a legal case against them. Without the protection of the bond the administrator would have to pay out of his or her own pocket to prove they did nothing wrong. This ties up a lot of money and time.
To find out what type of surety bond will give you the most protection as an administrator contact us at Jurisco. Our legal team assists administrators in every state and are well versed in state statute and requirements. Let us help you make being an executor of a will as simple as it can be. We will focus on the bond and you can focus on all the duties required of the administrator position.
When a defendant is faced with a money judgement one of the first things may try to do is stay the judgement while their appeal process goes through. In order for a court to stay the judgment, the defendant has to show the court good faith that the plaintiff will not suffer any unnecessary hardship. An appeal bond is that sign of faith.
Judges in Washington require a defendant to post an appeal bond that financially covers the judgement, court fees, and any interest which is due. The amounts fluctuate based on state statute and judgement award. Before the appeal process can officially start the courts will want to make sure the defendant has posted the bond.
Why Is An Appeal Bond Necessary?
An appeal bond is necessary because the court must be assured that the defendant will pay the money judgement regardless of the appeal outcome. Without the bond the defendant could simply drag out the proceedings trying to delay payment. With a supersedeas bond, however, the defendant is proving to the court that they have every intention to pay the judgement should their appeal be denied.
In some situations an appeal bond can be waived by a judge in Washington. This can only come about if the plaintiff and defendant agree to the terms. Without both parties in agreement the bond will have to take place as required.
How Much Will A Surety Bond Cost in Washington?
The amount of a surety bond like a supersedeas (appeal) bond is going to fluctuate depending on the judgement awarded, state fees, and any applicable interest. Typically, the judge will set the bond amount to cover the full judgement. However, there are situations where an appeal bond amount can be decreased but again it needs the agreement of the plaintiff since the bond is for the plaintiff’s benefit.
To find out how much the appeal bond will cost you in Washington contact Jurisco today. Our team of legal professionals can help set up a supersedeas bond quickly so the appeal process does not have to be delayed because of paperwork. Let us help you get the bond required so you can focus on the appeal and reversing the money judgement.
The state of Washington may require a person or company take out a probate bond should that person or company be in charge of a person’s estate, will, or trust. Even if the court does not specifically require a surety bond, the person or company charged with overseeing another’s assets may want to take that extra step and receive a bond so they can protect themselves against legal recourse should an outside party find fault with their actions.
Here are a few types of probate bonds that may be required in the state of Washington: administrator bond, curator bond, trustee bond, guardianship bond, receiver bond, custodian of veteran bond.
Courts require an administrator bond (also known as a personal representative or executor bond) when a person or firm is placed in charge of a person’s estate after their death. The administrator must post the bond to financially cover the distribution of assets. This gives the estate legal protection should the assets be mishandled and debts are not paid.
Another type of estate protection is a curator bond. The court will determine how much the bond should cover by reviewing how much the estate assets are worth. Like an administrator, a curator bond protects the heirs and those who are owed money by a deceased estate.
A trustee bond is what it sounds like, a bond that protects the trust from any financial losses should the trustee not fulfill his or her obligations managing the trust. Often times the court requires this type of probate bond to protect the financial interest of the trust recipients. Without this protection people are vulnerable to a large financial loss.
When a person has been appointed guardian over another individual or an estate they must take out a probate bond to ensure the court they will handle the account in good faith. Should the court find that the guardian overstepped their bounds or did not live up to the expectation they can fall back on this probate bond to provide restitution to the estate.
A company that is going through bankruptcy may be required by the Washington courts to take out a receiver bond, a type of surety bond. This probate bond shows the court that the company will take care of any outstanding bills, rent, or debts. Should any mishandling of the accounts occur, the receiver bond will provide jurisdiction protection. The bond amount will be determined by the courts to insure any wrong action taken by the overseers of the account will not result in further financial loss to those who are owed funds.
Custodian of Veteran Bond
This type of bond protects a member of the armed services who has been declared incapacitated. The man or woman who served their country and invested money with Veterans Affairs will be taken care of by a custodian of veteran bond. Like a guardianship bond, this probate covers the soldier’s estate and protects the veteran’s assets from being misused or mishandled.
What do all these probate bonds have in common? They are all designed to protect the estate, heirs to the estate, or the individual deemed incapacitated. Any financial mishandling will not result in a loss to the individual, instead the probate bond will protect them against any financial loss and give them peace of mind knowing that their bills will be paid and their financial livelihood will be upheld.
It’s in the news and minds of people who are realizing just how many Senior Citizens are going hungry and losing their homes in this country. As presidential hopeful Senator Bernie Sanders described it, the fact that senior citizens are going without daily meals or medicines should be a concern to everyone as it is a reflection of society. How should your parents or grandparents be treated as they reach that golden age? A guardianship bond can help make sure that people are taken care of respectfully.
When people reach a point where they need a little extra help taking care of their schedule, meals, and home it may be time to seek out a guardianship bond. This type of surety bond allows people some piece of mind knowing that the person granted guardianship will uphold their duties or face the wrath of the law.
It is important to realize that guardianship bonds may be needed in other cases other than an aging senior citizen. There are circumstances when minors or young adults also require having a guardian appointed by the court. Whomever is appointed must abide by any legal instructions and not cause harm, physical or financial, to the person requiring guardianship.
Jurisco can make the guardianship bond a relatively easy process. With just a few questions, the team at Jurisco will determine how much a guardianship bond will cover, how long it needs to last, and figure out which forms need to be given to the higher courts.
Protect those that are near to you by making the court require a guardianship bond. This way a person’s legal estate will be fully protected in case of any mishandling by the guardian. Don’t leave the vulnerable at risk. Contact us today to setup the protection a guardianship bond provides.
What type of surety bond is necessary for your client?
As an attorney, it is necessary to look at the case from all angles. That includes what will happen in the event of a victory and in the chance of defeat. Part of this preparation means reviewing which types of surety bonds may be required on the behalf of the client. Now this, of course, changes on whether or not the client is a defendant or plaintiff.
Perhaps two of the most common surety bonds a defendant will need is a counter replevin bond and an appeal bond. Both give the client a little judicial wiggle room to get around a court’s ruling. Other types of surety bonds include a release of lien bond and a release of lis pendens bond.
A counter replevin bond is used when a defendant has already had their property taken away or levied. This surety bond shows the court good faith that if the property is returned to the defendant before a judgement is made that the property will be turned back in, in the same condition, so the plaintiff does not have a financial loss.
An appeal bond is probably the surety bond most people hear about. Once the court makes their final ruling the defendant has the right to appeal the decision. However, that does not mean the plaintiff has to wait for the money judgement to be paid. With an appeal, or a stay bond, the bond is financial proof that the money will be paid should the appeal court make the same decision as the first course.
Defendant bonds are designed to protect the plaintiff against a loss and prove to the court that the defendant is working in good faith. Whenever reviewing a client’s case it may be beneficial to go ahead and plan ahead for these bonds so they do not miss the window of applicable time. For instance, once the court makes their ruling the appeal to stay the judgement bond should already be prepared to give it a better chance of being accepted.
Types of plaintiff bonds include garnishment, attachment, replevin, cost, indemnity to sheriff, injunction, distress or distraint, lis pendens, and lost instrument bond. All of these will not be required in one case. Reviewing the Jurisco site will breakdown what each of these surety bonds entail and what cost can be expected.
A garnishment bond is required by a plaintiff in order to protect the defendant against unlawful wage loss. These types of bonds are necessary when the plaintiff feels the defendant owes them money and that the only recourse available is to garnish the defendant’s wages. However, should the court ruled that the defendant does not owe the plaintiff money, or the amount that was garnished, that the plaintiff will financially compensate the defendant for their loss.
An indemnity to sheriff bond may be a surety bond that is not referenced frequently, but is actually very helpful especially to law enforcement agencies. When properties is taken by a sheriff’s department on behalf of a plaintiff they have to be financially covered in case the court rules this action was unnecessary or done with ill-will. To protect the agencies involved in this process the plaintiff has to put up a bond saying that the agency is not the party responsible for damage or a financial loss.
To know which plaintiff bond to use contact a member of Jurisco to discuss the case and plan out the appropriate course of action.
Other Types of Surety Bonds
There are other types of surety bonds that don’t always get played out in the court room. For instance, a guardianship bond and administrator bond are basically there to ensure those in charge of a person or an estate do their due diligence without neglect to their client.
A guardianship bond comes into play in the event that a young child loses his or her parents. The guardianship bond is the court’s way of protecting the minor against neglect whether it be in the matter of physical care or misuse of estate funds.
An administrator bond is usually employed when a deceased person has a will with assets to be distributed. To make sure all parties are treated fairly and that all debts are paid, an administrator must take out an administrator bond to financially cover his or her bases to prove they will work in good faith and due course.
Choosing The Right Surety Bond
Still having a hard time determining which surety bond is the right one for a client or circumstance? Let the team at Jurisco help. Our trained staff understands the ins and outs of all surety bonds and when they need to be employed. They will also help explain the cost associated with all the surety bonds, when they need to be filed, and how long they will last.
Surety bonds protect not only financial assets, but property as well.
Perhaps one of the best ways to explain surety bonds is thinking of it as a sort of insurance policy. Should anything go awry in a legal case or proceeding, a surety bond is the net that catches the downfall, insuring plaintiffs and defendants do not lose money, property, and the like without any recourse. When clients come to Jurisco they can be looking for a wide range of surety bonds to protect themselves and their clients.
In the general populace, people often think of bail bonds or construction bonds when they think of surety bonds, but that isn’t completely correct. When it comes to the judicial realm, lawyers, defendants, and plaintiffs use surety bonds to protect themselves during court proceedings and in the event that the outcome doesn’t come out in their favor.
A Few Types Of Surety Bonds
There are different types of surety bonds that a plaintiff or defendant may require. A defendant, for instance, will require an appeal bond in order to stay a judgement while the appeal process takes course. On the other hand, a plaintiff would need a replevin bond to show the court good faith that they have the right to place a lien on property before the court makes its final judgment.
In short, all surety bonds show the court that whatever action that is requested or already being taken will be reversed in due order should the court rule against the move. This protects both parties involved and guarantees there will be no financial loss on other side.
When To Apply For A Surety Bond
Some surety bonds are required before an action can be taken while others become necessary during the trial or after a judgment has been reached. Talking to one of our surety bond experts is the first step in understanding what may or may not be necessary in any given circumstance.
It is best to be prepared for whatever comes up. For example, if the defendant doesn’t even have an appeal on his or her radar they could come into trouble at the end of the case. They could be forced to pay up or give up property without little recourse and hope that if they win the chance at an appeal they will be able to reclaim their property back in the same condition.
Rule of the surety game: be prepared. Have the bond that your client needs for their case in all scenarios. The surety bond will protect the firm, the client, and the process, allowing things to operate smoothly without any unnecessary hindrance. If you have any questions, please don’t hesitate to contact the surety bond experts at Jurisco
Section 8242 of the California Civil Code deals with the surety bond requirements and procedure for releasing of real property from a claim of lien. The bond in this case is referred to as a Release of Lien bond or, simply, a Mechanic’s lien bond. Generally, liens are filed against real property by a contractor or subcontractor. However, as an article in the California Construction Attorney’s website shows, liens can also be filed by design parties as well. This extends to architects, engineers and site planners. However, as the above referenced article explains, traditional lien rights to designers only kick in once the construction project begins. Prior to that and during the planning phase, a design professional can use a Design Professional Lien to seek remedy.
Mechanics’ liens and design professional liens are technical and can be difficult to prove or refute. It is always wise to see the consul of an experienced attorney before filing a claim. If you would like to find out more information on Mechanic’s Lien Bonds or Transfer of Lien bonds, however, please contact the Surety Bond Experts at Jurisco. One of their helpful staff will happy to prove assistance with rates, applications and general information.
In 2014 Starbucks filed suit in California seeking to have a preliminary Injunction levied against Howard Heller, the owner of both Specialty Coffees International and Cafe Nu International, for (among other claims) trademark infringement. (Details of the case can be found: here) The defendant failed to answer the complaint and the judge granted the preliminary injunction to the plaintiff in November of 2014. In a world gone fully digitized, ‘intellectual property’ is growing harder to define and it is becoming more difficult to recognize (and then prove) if your intellectual property is being infringed on or stolen. The law offers a few ways to protect a company’s brands and intellectual property. Certainly one of the most potent tools is the use of preliminary injunctive relief (yes, that is an actual term: proof), where a plaintiff can stop the misappropriation of physical or digital goods from being sold in the market place. In most cases, courts in California will insist that an Injunction Bond be procured before any per-judgement relief is levied.
An injunction bond protects the defendant from being wrongfully enjoined, and covers any damages the defendant may sustain should the court rule the plaintiff’s suit is wrongful. In the example used above, Starbucks was granted the preliminary injunction based on the merits of the claim. However, if the court eventually sides with the defendant, then Starbucks would be liable to pay for the harm the defendants suffered because their goods were prevented from being sold. Generally, judges in California do not issue injunctions unless the claim seems airtight and likely to be upheld. Or, in the language of the court, “Starbucks has demonstrated that it will likely suffer irreparable harm if an injunction is not issued”. For all pre-judgement actions, the burden of proof is with the plaintiff and they must prove that they will suffer harm, rather than inflict it on the defendant through enjoinment.
Jurisco is the leader in injunction and all plaintiff court bonds. There are many agents and agencies in the marketplace who do not understand the product they are selling and rely on the insurance companies to underwrite their bonds. At Jurisco, they know the risks and how to effectively underwrite all court bonds
without the necessity of going back and forth with corporate “no” men underwriters. Most companies require collateral for ALL injunction bonds. While there are a few injunction cases that may need collateral, Jurisco strives to approve every bond without this requirement so the filing can move forward quickly and without
delay. For application, rates and more information on Injunction Bonds, contact the surety bond experts at Jurisco, and one of their knowledgeable staff will answer all your queries.