If you are involved in a civil court case—and determined to win—you’ll find it helpful to understand the appeals process. In fact, in case you lose, being prepared to secure an appeal bond will save you—and everyone else—a lot of time.
Civil Cases: The Basics
A broad array of cases are tackled in civil court. Examples include:
- Tort claims such as personal injury, defamation, or fraud.
- Breach of contract claims like not completing a job or failing to deliver promised goods.
- Landlord/tenant disputes, including evictions.
The Civl Law Self-Help Center offers this overview of the typical proceedings in such a case:
Civil cases involve conflicts between people or institutions such as businesses, typically over money. A civil case usually begins when one person or business (the “plaintiff”) claims to have been harmed by the actions of another person or business (the “defendant”) and asks the court for relief by filing a “complaint” and starting a court case. The plaintiff may ask the court to award “damages” (money to compensate the plaintiff for any harm suffered), or may ask for an “injunction” to prevent the defendant from doing something or to require the defendant to do something, or may seek a “declaratory judgment” in which the court determines the parties’ rights under a contract or statute.
Eventually, to resolve the case, the court (by way of a judge or jury) will determine the facts of the case (in other words, figure out what really happened) and will apply the appropriate law to those facts. Based on this application of the law to the facts, the court or jury will decide what legal consequences ultimately flow from the parties’ actions.
Considering an Appeal: You Will Need An Appeals Bond
If you believe there was a material error in the proceedings, you may have grounds to appeal.
A popular misconception is that cases are always appealed. Not often does a losing party have an automatic right of appeal. There usually must be a legal basis for the appeal—an alleged material error in the trial—not just the fact that the losing party didn’t like the verdict.
If an appeal is granted, the judge will generally require an appeal bond. This is a type of surety bond that protects the winning party. Appeal bonds, known in some states as supersedeas bonds, are based on the amount of money indicated in the original judgment. This is placed in holding until the appeal is decided. The appeal bond is generally in the amount indicated in the original judgment—it could even be more.
As Investopedia describes, “In addition to protecting the winning party, appeal bonds also have the effect of limiting “frivolous attempts at an appeal, as the appellant still has to pay the judgment upfront…, and may end up paying more ultimately due to interest fees, lawyers, etc.”
How Can You Get An Appeal Bond?
Colonial Surety Company is the easy choice!
We are licensed in all 50 states and US territories and our direct to consumer approach makes it easy to obtain I-Bonds® (instant, online surety bond).
Colonial Surety Company offers appeal and supersedeas bonds online accessible from your desktop, tablet, or mobile device! Once approved, you will be able to print your bond instantly! We offer our lowest possible rate and the premium is based on the amount of the bond required by the applicable court. Click here to obtain your appeal bond now.
Noteworthy Appeals Cases: Remember Equifax?
Millions of consumers had personal and financial data compromised in the 2017 Equifax data breach. Appeals related to the $1.4 billion dollar settlement deal continue to delay payment awarded to consumers.
As reported by Law.com:
In May 2020, US District Chief Judge Thomas Thrash indicated that the objectors’ appeals could delay the distribution of benefits by another year.
The judge has ordered the objectors to post appeal bonds, declaring that their objections, “Are not in the best interests of the class, that there is no substantial likelihood their objections will be successful on appeal and that the class would be best served by final resolution of their objections as soon as practicable so that class members can begin to benefit from the settlement.”