When a client walks into your office with a civil dispute, one of the first practical questions you’ll face is which side of the caption they belong on. That answer doesn’t just shape your strategy. It also determines the kind of court bond you may need to file on their behalf.
Plaintiff bonds and defendant bonds both fall under the broader category of judicial bonds, but they serve different purposes. Knowing the distinction up front can save you a scramble at the courthouse later.
A plaintiff bond is posted by the party bringing a lawsuit to protect the defendant from harm caused by a pre-judgment remedy. A defendant bond is posted by the party being sued, usually to release property, stop enforcement, or substitute security for a court order already in place.
A civil court bond, sometimes called a judicial bond, is a surety bond required by a court before it will issue or enforce certain orders. The bond guarantees that if the order causes wrongful harm to the other party, that party can recover damages from the bond rather than chase the litigant down later.
Civil court bonds split into two main camps: plaintiff bonds and defendant bonds. Each camp has its own subset of bond types depending on the relief being sought.
A plaintiff bond is required when a plaintiff asks the court for a pre-judgment remedy. Because the court is being asked to act before the merits have been decided, the bond protects the defendant from damage caused by an order that turns out to be wrongful.
The most common plaintiff bonds include:
If the court later rules the plaintiff’s remedy was wrongful, the defendant can make a claim against the bond.
A defendant bond, sometimes called a release bond or counter-bond, is filed by a defendant to undo or substitute for a court order. Defendants typically use these bonds to free up property, stop a collection effort, or buy time on appeal.
The most common defendant bonds include:
In each case, the bond gives the plaintiff a financial backstop in place of the underlying remedy.
The fastest way to think about it: a plaintiff bond protects against the cost of bringing a suit aggressively. A defendant bond protects against the cost of resisting or appealing.
Who pays the premium is the same in both cases. The applicant pays. Underwriting tends to be tougher on defendant bonds, particularly supersedeas bonds, because the surety is essentially guaranteeing payment of a judgment that has already been entered. Plaintiff bonds are usually easier to write because the contingent liability is more limited.
If you walk into a clerk’s office and ask for the wrong bond, you lose time you don’t have. Worse, in jurisdictions that move quickly on collection or seizure, even a short delay can mean a writ of garnishment or a sheriff’s levy lands before you’ve stayed the order. Identifying whether your client needs a plaintiff bond or a defendant bond is the first decision. The second is calling a surety that can underwrite and issue the bond fast.
The team at Jurisco has been writing civil court bonds in all 50 states for decades. Whether your client is filing the suit or trying to stay enforcement of a judgment, we can quote and issue the bond you need quickly. Contact us to get started.