Appeal Bond
Appeal Bonds, sometimes referred to as Supersedeas Bonds, are often required for defendants wishing to reverse a judgement made against them. This process is also known as a stay of judgement or stay of execution. The Appeal Bond is a type of Court Bond that ensures the party who issued the judgement, the appellee, will be paid by the defendant, the appellant, if the defendant loses the appeal.
Jet Insurance Company provides stress-free service from start to finish. Our customers get the bond quickly with a simple application process.
How Much Does an Appeal Bond Cost?
The cost of the Appeal Bond is dependent on the bond limit set by the court and is typically equal to or greater than the original judgement amount should there be additional fees applied by the court. Appeal Bonds must be 100% collateralized due to the high probability the judgement will be upheld. The price for an Appeal Bond will be 1% of the bond limit or $500, whichever is greater.
Jet is a direct surety company - unlike other surety companies, we can provide Appeal Bonds efficiently without third party brokers slowing down the bonding process.
How Are Appeal Bonds Filed?
Each court has different filing procedures for Appeal Bonds. For the courts that require an original bond to be on file, Jet mails the signed and sealed Appeal Bond to the court free of charge. If the bond needs to be mailed or handed to the court by the defendant, Jet provides the option to have the bond sent directly to the defendant or their attorney. If unsure where to send the bond, check with the county court where the appeal will take place.
Can Appeal Bonds Be Cancelled?
Not by Jet or the appellant. An Appeal Bond must be in place until the appeal process has ended and the court releases the defendant of the surety bond requirement.
The surety may request cancellation with the court for nonpayment of the bond, and upon approval from the court the appellant must supply a new bond or the court will end the court process ruling in favor of the appellee. Jet can assist with this transition should you be looking to replace your current Appeal Bond.
What Happens If the Defendant Loses the Appeal?
When the higher appellate court finds the defendant guilty the defendant must pay the opposing party, the appellee in addition to any court fees that may exist. The judgement amount has already been paid to Jet as collateral, either in the form of cash or an ILOC, so Jet will simply pay the appellee and the court the amount owed.
If the defendant wins the appeal, Jet returns the collateral within 2-3 weeks of receiving the Order to Exonerate Bond notice from the court.
Why Are Appeal Bonds Required?
Federal Rule of Appellate Procedure 7 explains the requirement for the Appeal or Supersedeas Bond in appeal cases, which is enforced on a federal and state level to ensure the defendant is held liable for any money owed for a judgement. The chart at the bottom of the page has links to each state’s requirements for the appellate procedure.
When a defendant is in need of an Appeal Bond, a lower court has already decided the defendant is guilty. The Appeal Bond allows the defendant to file for a stay of execution meaning the case will move to a higher court and meanwhile the defendant is not liable for the charges until the higher court has reached a verdict. During the stay of execution the defendant must provide an Appeal Bond to guarantee they will provide payment upon loss of the appeal and if not the surety company pays the winning party. The court system, knowing the low likelihood of an overturned decision, uses the bond as a guarantee of funds held by a third party (in this case Jet) as payment to potentially damaged party.
How Does Jet’s Application Process Work?
The Appeal Bond application can be submitted online in minutes! Shortly afterwards, one of our underwriters will contact you directly to get the details worked out to finalize the bonding process, so we can report to the court with no delay. Click the button below to get started!
Individual State Statutes
Below is a list of statues from each state. Please review your specific state for details on the appeals process.