Have you heard the latest in the Rite Aid case going on in California?
Rite Aid is in need of an appeal bond as a Los Angeles County Superior Court denied the company’s post-trial motions to strike down the $8.7 million jury verdict awarded to a former employee.
While Rite Aid attempts to circle the wagons the court is granting them time to post an appeal bond as they seek to appeal the ruling to a higher court.
The appeal bond helps stay the judgement so the pharmaceutical company does not have to pay out millions of dollars until after their appeal has been heard and ruled on.
When An Employee Sues
Trouble for Rite Aid started back in 2007 when a store manager was injured during an in-store robbery. Severe neck injuries restricted the manager’s movements and abilities.
The employee said Rite Aid higher ups did not handle his injury well, or with respect, and even made disparaging remarks leading to him losing his position.
Back in July a jury found that the employee suffered not only a lost in wages, but $5 million in punitive damages, as well.
Rite Aid has tried to shirk responsibility claiming that the store the manager worked at was actually acquired by Rite Aid but not ran by the company. The Judge did not buy the argument saying since the Rite Aid logo appeared at the store, the manager’s work computer, and other work effects that the business is responsible.
Having an employee sue a company can cause serious issues for a business as this case shows.
Staying A Judgement During Appeal
Since the request to slay the ruling was thrown out the only option left for Rite Aid is to post an appeal bond. Without this surety bond the company would be in contempt of court for not paying the judgement immediately.
Courts in California accept an appeal bond to stay a ruling because it financially protects the plaintiff in the case.
A surety bond covers the judgement amount so the court is shown that the ruling will be followed through despite the defendant’s wish to make an appeal to another court.
Money Judgements Can Be A Blow To The Bottom Line
Rite Aid is not the first business to find out how expensive court action can be. When an employee, customer, or other service provider takes a business to court it can be very costly to their bottom line.
Of course, one of the best ways to protect against court cost is to run a business that cares for employees and customers alike. However, not everything can be planned for. And certainly the actions of a few employees against another employee doesn’t represent total internal chaos – but it certainly doesn’t help a legal case.
Taking Court Action
When a California judge makes a ruling they expect it to be followed without delay. If a defendant feels they have an angle to appeal or relative new information then they may seek a judgement from a higher court.
In order to appeal without being in contempt of the judge’s ruling a defendant must post a surety bond called an appeal bond.
The appeal bond generally covers the amount of the money judgement along with any court fees or interest.
Anyone working a case in California should be aware of the appeal bond guidelines. A member of the Jurisco team can help set up an appeal bond quickly so the process will not be delayed.
Rite Aid is posting their appeal bond. Now only time will tell if there appeal will be sound enough to work.
Being a landlord comes with its own challenges. Challenges that seem to grow larger when moving from residential to commercial properties in Washington. Some of the toughest areas is in the collection of rent and the eviction of those who do not pay it.
Economy Plays A Role
A shaky economy affects the ability to collect rent no matter if it is rent owed on a house or on a retail space in a mall. Tenants are finding it difficult to make ends meet when costs continue to rise. Money is tight all around, sure, but a landlord has a right to collect on money owed and to find another tenant who can produce the rent without delay.
Some business ideas will make it. Some won’t. A landlord evicting a commercial tenant isn’t saying that they disapprove of the business idea or model, they simply want what the rental agreement states: the rent.
Always Protect Tenant Rights
The landlord’s right to collect rent does not negate any rights held by the tenant, however. Courts still protect tenant rights in Washington. Due process must be followed. A business has a right to their shelter akin to that of an individual.
Landlord’s can’t change the locks and withhold the key simply because they are upset about not being paid.
Evicting a commercial tenant can cause further financial harm to the business or company. State statute is specific about protecting all parties in the situation to ensure no unnecessary harm is done.
Court Approval Of Distress
When a commercial landlord attempts to evict a renter in a retail or commercial space they may be required to post a distress bond.
Courts in Washington consider a distress bond pertinent in order to protect the defendant should they find the distress of rent wrongful.
A lawyer working a case in Seattle, Vancouver, Spokane or any other incorporated town in Washington may use a distress bond to help cover their client, the plaintiff, so a new tenant – or the payment of the owed rent – can be handled quickly.
Distress Bond Specifics
On average the bond amount for a distress bond in Washington is twice the amount of distressed rent. The premium will be two percent of the surety bond.
Any questions about a distress bond can be answered by a member of the Jurisco staff. Landlord’s who are considering evicting a tenant who is renting a commercial property must be sure to cover all their bases.
Remember, the eviction process is rarely a pretty one. A distress bond is a further step of protection that a landlord may use to cover all their bases so they can make the process as smooth as possible for all parties.
When Rebecca Carol and James Renfrey decided to file for divorce they both knew changes were going to happen. Renfrey moved out of the couple’s three-bedroom house near Raleigh, North Carolina and their staple double date was no longer on the calendar. Each started building a life without the other.
No Place Like Home
The couple had bought the home together soon after their engagement. Carol has lived there the past three months unabated but now Renfrey has announced he wants to sell the house and that he’s placed it on the market. Carol feels she has a right to stay in the house since she helped purchase the property.
Rebecca and James are fictional characters, but their problem comes from real life. Property ownership is always a point of contention when couples break-up and split assets. In this fictional scenario one of the resources the wife (well, ex-wife) could use is a lis pendens bond.
Protecting Property By Blocking The Sale
A lis pendens bond is a type of surety bond used in North Carolina when one party is attempting to block the sale of property by another party. The lis pendens bond puts up the amount covering the value of the property, along with any court fees, so the action doesn’t cause the person attempting to sell the house any harm.
In the made up scenario from above, Rebecca Carol would be able to use a lis pendens bond to block the sale of property until a court can make a ruling on how the property should be divided. This surety bond could give her time to buy it directly from the ex-husband or for some other arrangement to be made.
Covering Both Sides
Courts in North Carolina require a lis pendens bond to halt the sale of a house or other property in the majority of scenarios. Using a surety bond is one of the fastest ways to prove to the court that the action hindering real estate is not being done in ill faith. It covers the value of the estate so if the sale is hindered, and then found that the plaintiff has no case, the defendant hasn’t lost out financially.
Any individual or party who believes that a sale of property is unlawful or wrong may be able to use a lis pendens bond in their favor. The Jurisco surety bond team can answer any questions about the subject to help clear up any real estate dilemmas.
Paving roads, building bridges, and repairing schools are all example of government projects. When governments, at the local and state level, decide to proceed with a project they open the job to bids. The city council, board of commissioners, or even the state legislature go through the same process to determine who wins the bid. And it isn’t always the lowest bidder.
Any company or individual who feels that their bid was wrongfully denied, for instance, they may feel they can perform the service at the best price and best quality, they can contest the bid award by using a bid protest bond.
Surety Bond To The Rescue
Governments have to follow certain protocol in Kansas when determining who to award a bid to. The amount of time the project has to be open for a bid, the discussion of proposals, and the dollar amount of each bid are all part of the public record.
When a company feels they have delivered the best bid and that they have been looked over in, perhaps, an unlawful way then the protest bond is the fastest way to receive an answer. The bid protest bond has to cover the amount of the bid so the government isn’t hindered wrongfully.
What Does A Bid Protest Bond Do?
A bid protest bond is a surety bond that essentially halts the bidding process. The project is not allowed to move forward while the bidding objection is addressed. Courts in Kansas require the bid protest bond so that government projects are not hindered with more red tape than necessary.
The cost of a bid protest bond generally covers the cost of the bid, court fees, and any applicable interest. Generally speaking, the only time this bond can be used is within 72 hours after the bid award has been announced. Contact Jurisco to learn more about Kansas requirements for bid protest bonds.
Garnishing wages in the state of Texas can be more difficult than in other areas of the country. While every state must abide by Federal Law, Texas is one of the few states where the garnishment restrictions are even tougher at the state level. Before garnishing a person’s wages it is important to know what is required, including the posting of a garnishment bond.
Only Allowed In Certain Cases
Taking wages directly from a worker’s paycheck is serious business. Federal laws limit how much can be garnished out of wages to ensure the person who is being garnished still has enough to live on (pay rent, buy groceries, e.g.). In Texas the only way a creditor can garnish wages is if the person owes child support, student loans, taxes, or alimony.
One of the provisions a plaintiff must take in a garnishment case is a garnishment bond. This type of surety bond proves to the court that the garnishment is not being done with ill intent, but simply to recover owed funds. The bond amount usually covers the overall amount which is being attached to their wages.
In court cases a judge is going to check on a plaintiff’s right to make a wage attachment. Having the garnishment bond in place is a good way to show the judge that the action is not being taken lightheartedly. It proves that the plaintiff is prepared to make it right should the garnishment be deemed wrong.
Any questions about a garnishment bond or other type of surety bond in Texas can be answered quickly and efficiently by a member of the Jurisco staff. Our lawyer trained team has extensive knowledge about Texas and its requirements of bonding in court cases. We can help make the garnishment process as seamless as possible for all involved parties.
A common type of surety bond in Massachusetts is a personal representative bond. One of the required surety bonds by the state, a personal representative bond (also known as an administrator or executor bond) is required for anyone overseeing the handling of another estate.
What Is A Personal Representative?
When a person dies in the state of Massachusetts a personal representative or executor must be appointed to oversee the handling of the deceased’s estate. People have the opportunity to plan ahead and choose this person themselves. The court will also name an administrator should the position be vacant.
In general the personal representative is a family member. There are situations, however, where the estate will be overseen by a firm or a company. The same rules apply no matter who is granted the responsibility.
Why Is A Surety Bond Required?
The Massachusetts Court requires a personal representative bond as a sort of fail-safe to protect the integrity of the estate. The person who is wrapping up the estate, making sure debts are paid, and notifying necessary parties, has a lot to handle. Depending on the size of the estate a personal representative can have their work cut out for them. Big or small the court will be watching to make sure all the I’s are dotted and T’s crossed.
When something is mishandled the surety bond protects the estate, and involved parties, from financial harm. Even without this bond legal action can be taken against a personal representative. However, with a surety bond in place the estate and all involved parties (creditors and debtors) do not have to wait for a final judgment to be made in the case because they have the bond to cover them financially.
How Much Does An Executor Bond Cost?
The cost of an executor bond is determined by the value of the estate and what all needs to be done to wrap up the last will and testament of an individual. A person who is drafting their will can set the bond amount (as can the Courts). They may also waive the requirement of a bond, but the court can always impose it if it is deemed necessary.
To receive more information about a personal representative bond or other types of surety bond in the state of Massachusetts contact the Jurisco office. Our team of highly trained professionals can answer your questions quickly and start the bond process fast.
trustee surety bond oregon
When establishing a trust one of the issues that must be dealt with is a trustee surety bond. Having a surety bond in place is always recommended as a safeguard to ensure that the trust is handled appropriately and follows the wishes of the person/business setting up the trust in the first place.
What Point Does A Trustee Surety Bond Serve?
Perhaps one of the simplest ways to think of a trustee bond is to think of it as a safeguard. The person or financial establishment that oversees the trust has a legal duty to make sure the trust is not mishandled or wasted.
When a trust is established it is generally done so with forward thinking. Considering not only what is needed now, but what is necessary for the future, is what makes a trust good or bad. Parents who are opening a trust for their children, for instance, want to make sure their child/children are financially protected down the road.
By having a trustee surety bond, the benefactors of the trust are better protected from any mishandling of the trust fund or account. Should the person/business overseeing their matters cause a financial harm, the benefactors have the surety bond to fall back on to help them correct matters.
What Happens When No Surety Bond Is Used?
Finding out the hard way what good a surety bond can do can be a difficult lesson to swallow. Especially if it is the job of a minor to figure out. Think about a situation where a trust is established for a child and then that child loses his/her parents. Now the trust plays an even bigger role than before.
By not having a trustee surety bond the child is left exposed to harm. While the person overseeing the trust has certain duties he or she must comply with, there are unfortunate situations where the trusts are not handled properly. In those situations, without a bond, the minor or person is entitled to the trust faces a long battle that may not result in financial repayment.
The cost of a trustee bond seems insignificant when compared with what it will actually do. It helps the courts in Oregon hold the trust to a high standard which protects all benefactors of the trust. It’s peace of mind that doesn’t have an end date.
To talk about trustee bonds or other types of surety bonds in Oregon feel free to contact the Jurisco office anytime. Our trained staff can quickly answer any questions and set up a bond in a few short steps.
One of the risks all businesses face is facing a lawsuit that could harm their ability to operate. Bars and nightclubs and New York deal with lawsuits not only as a risk but essentially an inevitably if they operate long enough. These lawsuits can come with a hefty price.
A recourse a business may have to use should they find themselves a defendant in a case is an appeal bond. In order to stay a financial judgement, and head towards an appeal, a defendant must prove to the court that the judgement is not being sidestepped with ill intent. An appeal bond is a surety bond which meets that burden of proof.
Dealing With Frustrated Customers
Customers who feel they have been wronged, cheated, or harmed by a company often seek legal recourse. Litigation can be costly for a business, especially if the matter is taken to a judge and jury.
A nightclub owner, for example, may have to deal with a patron who was injured on their property or who was served alcohol when they were clearly past the level of acceptable intoxication. Even a simple slip and fall case can close a business’s door.
Being protected against these lawsuits and large payouts are a must for all New York companies. Which is why being prepared to appeal if a ruling goes in the plaintiff’s favor is important. The option of staying a judgement and appealing to a higher court often gives the business an opportunity to clear up the issue without having a money judgement placed against them.
Using An Appeal Bond
An appeal bond is a type of surety bond required by the state of New York when a defendant wishes to stay a judgment, financial or otherwise while they make their case to a higher court. Because justice isn’t to be delayed, the court will not accept the defendant to ignore the lower court’s ruling simply because they want to appeal. Instead, they expect the defendant to make restitution to the plaintiff without delay.
In order to show the court that the defendant is not attempting to ignore the ruling or the plaintiff’s rights, they can post an appeal bond that covers the amount granted in the judgement. With this bond in place, the court is content with the defendant’s actions and the plaintiff’s rights.
Setting Up A Supersedeas Bond
Often times an appeal bond may be referred to as a supersedeas bond. No matter which name is used they are essentially the same bond. The Jurisco office can assist you with establishing a supersedeas or appeal bond quickly.
By keeping the process simple and speedy, Jurisco can easily meet your surety bond needs so the appeal process can begin as needed.
When dealing with a case that may result in a money judgement it is considered wise to plan for an appeal so there is no delay should the need present itself. This, of course, covers knowing which court the appeal would be sent to, which documents to file, and having a surety bond – an appeal bond – in place so the process can be as smooth as possible.
The judicial action of attachment may not always be the most desirable course but sometimes it’s what it takes to achieve the wanted end result. In former years the courts were more lax about attachment proceedings. After years of wrongful seizure of property the courts now hold the action to a higher standing and expect the plaintiff to protect the defendant against unlawful attachment.
State Surety Bond Requirements
Each state requires a plaintiff to post an attachment bond to cover the value of the property being seized so the defendant is not further put out by the action. The plaintiff must also show why this action is necessary. It could be because the defendant is believed to be skipping town to avoid paying a money judgement or they are rumored to be selling the property.
Right Of The Defendant
The defendant can fight the attachment in a special hearing or they can post their own surety bond which cancels out the attachment bond. While considering the right of the plaintiff to have the defendant pay the money judgment the court is still hesitant to step in before a judgement can, in fact, be reached. This is why they give the defendant ample opportunity to contest the attachment action.
An attachment bond will cover the financial value of the property being seized. Property available for attachment ranges from jewelry to automobiles. The court has restrictions against property such as tools and equipment that help provide for the defendant’s well being and that of their family. Wages may also be attached but that is generally referred to as a garnishment and requires a separate surety bond.
Using An Attachment Bond Cautiously
In a case where the defendant is expected to make a break for it before paying the judgement that the plaintiff is predicted to receive then using an attachment may be the best course. It helps the court send a message to the defendant that they should take the proceedings seriously and be committed to acting out the court ruling.
Convincing a judge that attachment is necessary may be difficult depending on the situation, but having an attachment bond ready will show the court that the plaintiff does not wish to cause the defendant financial harm. For more answers and information, please contact the surety bond experts at Jurisco.
A person entrusted to be a guardian of an individual has to accept a great deal of responsibility. The courts in every state expects that the guardian act in a lawful manner and steer the minor’s estate on the right course. To help protect the interest of the person under guardianship the court requires that a guardian post a surety bond that financially covers their actions.
Courts Protect Interest Of Minors
Requiring a guardianship bond may seem an unnecessary step, however, it protects the guardian as much as the minor. While there are cases of improper handling of finances there are also false accusations to contend with. An individual or business serving as guardian knows that they need to financially protect themselves as much as the minor needs to be protected.
States and courts use the surety bond as a way to prevent a bad situation from getting worse. In the instance where a guardian spends money unlawfully the minor’s estate will be protected and refunded. Alternatively if the guardian is facing a trial to prove his or her innocence then the surety bond will be there to help. In these situations the guardianship bond greases the wheel to help keep things running as smooth as possible.
Learn About All Surety Bond Options
In some situations an individual or company will be consulted about their role as a prospective guardian. When considering the undertaking make sure to discuss the surety bond requirement because if the person does not feel it necessary they can go on record saying they do not personally require the bond.
Part of understanding the role of guardian is learning what the wishes for the minor and the estate are so a plan can be formed to take the best course of action. One of the first steps in this process is obtaining a guardianship bond from a credible bonding company. The cost of the bond will vary and is often influenced by the value of the estate being guarded.
Any questions about guardianship bonds or other types of surety bonds may be answered by the lawyer trained staff at Jurisco. Protect all parties by fully understanding the surety bond options concerning guardianship.