Appealing an adverse civil judgment requires you to obtain an appeal or supersedeas bond in order to proceed and secure your right to appeal that judgment against you. But the appeal bond is not technically a requirement to appeal. The bond is only necessary in order to stay, or temporarily halt, execution of that adverse judgment against you pending the outcome of the appeal. Without the bond, the party who bested you in the trial court setting would be able to collect on the judgment even with an appeal going on. Without the bond, if the defendant won on appeal in that case, they’d have to file a separate action to take the money back that was collected via the trial court order.
Having to pay up and then potentially having to file a further action to get that money back can greatly endanger the party appealing as there’s no guarantee they’ll be able to get that money back that was collected by the party that won at the trial court level. That plaintiff could find a way to make themselves judgment proof to some degree, limiting the recovery ability of the company that just had money taken from them before an appeal was ruled on.
An appeal bond allows a defendant to avoid these problems as the money cannot be collected by the party that won at the trial court level with this bond in place until the appeal is finished. Further, the plaintiff who won at the trial court level and is having his or her favorable ruling appealed by the defendant benefits with the bond in place as well because the bond ensures that the judgment amount will be available to him or her should the lower court ruling be affirmed on appeal. Having the bond in place guarantees a way for the plaintiff to collect from the defendant should the ruling be affirmed on appeal.
Where can you easily purchase an appeal or supersedeas bond?
Colonial Surety offers the direct and digital way to obtain an appeal or supersedeas bond. We are the insurance company — which means no agent, no broker, and no middleman. We make it easy to obtain your bond instantly. The steps are easy — get a quote online, fill out your information, satisfy underwriting requirements, and enter your payment method. Print or e-file your bond from your office. It’s that simple!