Georgia Surety Bonds For Plaintiff are used in a variety of court cases. It's mandatory for both the plaintiff and defendant depending on the situation. It is important to know which bond is necessary. Jurisco assists clients to determine which court bond works best and when it should be used. Today we are going to look at a few court bonds in Georgia that should be on a plaintiff attorney’s radar.
Sequestration/ Replevy
For plaintiff bonds, often times the bonds must be applied for before a certain action can take place. This is true for sequestration or replevin bonds for plaintiff’s wishing to levy property before a judgment. Courts require this as protection for the defendant having their property wrongfully levied.
In Georgia, clients may hear this bond referred to as a claim and delivery bond as well. While the names are interchangeable, the responsibility of the surety bond remains the same. In terms of cost, usually the surety covers the value of the property levied plus court cost.
Indemnity to Sheriff
When a plaintiff wishes to seize property from the defendant they are not the party responsible for taking possession of the property. Local law enforcement is charged with the duty of taking possession of property by court order. This not only limits confrontations between the two parties, but leaves the property in trusted hands.
Before a Sheriff’s Department can take possession, however, the court requires this action be protected with an indemnity to sheriff bond. Having a surety bond protects the deputy or officer from being sued if the seizure is later deemed wrongful. The indemnity to sheriff bond covers the plaintiff’s responsibility of protecting the defendant against an unnecessary seizure of property.
Garnishment
Before a plaintiff can garnish a defendant’s wages, he or she must post a garnishment bond. Georgia courts require a garnishment bond to protect the defendant against a financial loss. A garnishment bond is only required if the garnishment takes place before a judgment is made.
The cost of a surety bond depends on the amount of the garnishment and associated court fees. It’s important for a plaintiff to have this as a backup in case the garnishment is later deemed wrongful and the plaintiff is held financially liable.
To discuss these and other types of Georgia Surety Bonds For Plaintiff, email us today.