Temporary Restraining Order Surety Bond
If you wish to get a temporary restraining order against someone, the courts may require you to obtain a bond first. This quick guide explains that process.
What is a Temporary Restraining Order Bond?
Also known as a TRO bond or injunction bond, a temporary restraining order bond provides a mechanism for people wrongly subjected to a restraining order to seek financial compensation. Before granting a temporary restraining order, a judge may ask a plaintiff to obtain a bond. If the judge later rules that the restraining order was unnecessary, the defendant may file a claim against the bond seeking damages. Since plaintiffs must pay for any valid claims filed against the bond, the bond requirement holds plaintiffs financially responsible and keeps people from seeking unmerited restraining orders.
How does a Temporary Restraining Order Surety Bond work?
Typically, plaintiffs must obtain a bond before a judge agrees to enforce the temporary restraining order. Later, if the judge rules in favor of the defendant, he or she can seek compensation for lost wages, time away from family, court costs, attorney's fees, and other consequences related to the unnecessary restraining order. If the plaintiff (The bonded party) refuses to pay the claim, the bond company guarantees payment. However, the bonded party must pay back that debt because that person always has the final responsibility to settle any claims.
Do you need collateral for a Temporary Restraining Order Bond?
In some cases, depending on the bond applicant's credit history and the circumstances of the case. Collateral may include cash or property.
Who should get a Temporary Restraining Order Surety Bond?
Judges often but don't always require plaintiffs to secure bonds before granting temporary restraining orders. When bonds are necessary, don't wait to find a surety brokerage to work on or delay submitting a bond application. The protections of a temporary restraining order cannot take effect until the bond is active, so time is of the essence.
Who are the parties involved in a Temporary Restraining Order Bond?
Each of the three parties has an equal involvement:
- Principal - The person seeking the temporary restraining order. Principals must pay to obtain a bond and pay for claims filed against the bond.
- Obligee - The person impacted by the temporary restraining order. Obligees may file claims against the bond if the judge rules in their favor.
- Surety - The company that issues the bond to the principal and pays out claims to the obligee. Despite guaranteeing payment, however, the principal must always pay the surety back.
How much does a Temporary Restraining Order Bond cost?
When requiring a plaintiff to get a bond, a judge will also specify the amount based on state statutes and the likelihood of the order to cause harm. That's the value of the bond, but the cost for the premium is only a small percentage. Underwriters quote prices for bond premiums based on the credit of the applicant. Keep in mind the collateral may also be involved.
How are claims handled for Temporary Restraining Order Surety Bond?
They involve an investigation by the surety to prove the claim. When true, the surety will ask the principal to pay for the claim. If the principal does not, the surety agrees to settle the claim up to the bond amount. Then the principal must pay the surety back, usually with interest and fees added. If the surety has to pay to settle the claim, any collateral attached to the bond will most likely be forfeited.
How to apply for a Temporary Restraining Order Bond?
In addition to submitting a standard bond application, you will need to turn over a copy of the court order calling for the bond, as well as any documentation the surety requests. After you receive a quote and pay the premium, the surety provides an official document demonstrating to the court that you have the required bond.
Viking Bond Service - Court Bonds Quickly
Don't waste precious time working with the wrong surety brokerage. get started with Viking Bond Service and you can expect to get a quote back within 48 hours of completing your bond application. Our team is also happy to answer your questions. Simply fill out the contact form on this page or call us at 888-278-7389.
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