What is a Montana Court Bond?
A Court Bond is not a single bond. It's a term that refers to several types of bonds that are utilized in judicial procedures. A Court Bond is a stipulation in a court rule or statute.
Its goal is to ensure that those entrusted with carrying out legally obligatory acts do so appropriately.
Judicial Bonds
A defendant or plaintiff is obliged by statute to post a surety bond for court proceedings. It is a guarantee that a person will follow through on his duties following a case.
The scope of the obligation might range from the restitution of confiscated property to payment of damages.
The types of Judicial Bonds are listed below:
Replevin Bond – Also known as Claim and Delivery Bond. This bond will assure the defendant that he will be compensated for losses caused by the seizure of the property in question by the plaintiff. It is a requirement for a replevin case in order to protect the defendant.
Supersedeas Bond – A bond that safeguards the appellee/respondent from any loss caused by a stay of execution or a delay by preventing the winning party from collecting until the appeal is settled.
Appeal Bond – The Federal Rules of Appellate Procedure requires the appellant/claimant to secure a bond as assurance that the appellee's court costs would be paid if the appeal is lost.
Take note that not all court costs will be covered by this bond. The example of the covered court costs are, but not limited to, the following:
- Notice of appeal filing fee
- Supersedeas bond premium
- Preparation of record
Injunction Bond – The objective is to compensate the defendant for an unlawful injunction.
Bond for Release – Also known as Release of Lien Bond, Delivery Bond, and Forthcoming Bond. This bond will guarantee the release of lien from an attached property.
Dissolution of Attachment Bond – This bond will guarantee the dissolution of the lien from the attached property.
Fiduciary Bonds
Fiduciary bonds are a type of court bond that is used in probate cases. A Probate Court is a tribunal that deals with certain proceedings such as:
- Conservatorship of Adults and Assets Proceedings
- Trust Proceedings
- Guardianship of Minors and Assets Proceedings
This type of bond is furnished in order to guarantee that the executor of the property and finances will perform his duties accordingly.
Alternatively, they can be referred to as a Probate Bond, Guardianship Bond, Estate Bond, or Executor Bond.
What is the bond amount?
This will vary per bond and is up to the court's discretion.
How do I secure this bond?
You first need to know the type of Court Bond that you need. After you've figured that out, you'll need to apply for that exact bond.
We'll need some basic information from you, such as your financial history, case facts, employment performance history, and credit score, to complete the underwriting process. An underwriter will scrutinize the information you've provided. After that, you'll be required to sign an indemnity agreement.
After that, we'll issue the bond and mail it to you right away!