Surety Bond Professionals is a family-owned and operated bonding agency with over 30 years of experience. With access to a broad range of surety markets, our expert agents are ready to assist with all your Alabama appeal bond needs.
What Are They?
The term “appeal bond” typically refers to a supersedeas bond, which is a type of court bond required in Alabama if you want to contest a judgment against you (an appeal). A supersedeas bond is an appellant’s guarantee to pay the original judgment and any related court costs, interest, or fees if the court denies the appeal.
Court calendars could easily be overwhelmed by appeals filed for the sole purpose of delaying execution of a judgment. The only valid reason for an appeal is if there was some sort of procedural error during the original trial that compromised the defendant’s rights. It’s not enough to simply claim that new information has surfaced or challenge the veracity of a witness. Still, frivolous claims tie up court resources, and requiring a supersedeas bond helps deter them.
Who Needs Them?
There are very few exceptions to the requirement for appellants requesting a stay of a judgment to provide the court with a supersedeas bond. The required bond amount (the bond’s “penal sum”) will depend on the size of the original judgment and whether it’s for money only or real property.
If the judgment involves only the payment of money, the penal sum for an Alabama appeal bond must be 150% of the judgment amount for judgments of $10,000 or less or 125% for judgments in excess of $10,000. Because of the unlikelihood of a successful appeal, surety bond companies require Alabama appeal bonds to be fully collateralized. With significant financial capacity, certain sureties will offer the ability to reduce or eliminate collateral, although this is relatively infrequent for most bond principals.
Speak with a Surety Bond Professionals agent today to discuss your bonding needs.
How Do They Work?
The three parties to an Alabama appeal bond are the court requiring the bond (the “obligee”), the appellant (the “principal”), and the surety bond company (the “surety”). The surety bond agreement is a legally binding contract between these three parties.
If the principal’s appeal is unsuccessful, the stay against the execution of the judgment will be lifted, and the surety will use the collateral to pay any court costs and legal fees levied in addition to the judgment amount. If the principal fails to pay the judgment voluntarily, the surety will turn the collateral over to the court to satisfy the judgment.
What Do They Cost?
Alabama appeal bonds are fully collateralized, so the premium cost to the principal is relatively low. The only risk to the surety is related to the principal’s willingness and ability to pay court costs and any other fees not covered by the collateral. So, the premium is calculated based on an estimate of what those costs might be after an unsuccessful appeal and does not take the principal’s creditworthiness into account.
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Our surety bond professionals will get you the Alabama appeal bond you need at a competitive rate.