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.