6) Case bond This bond is in the nature of a replevin bond. A replevin bond was formerly used in common law (equity) when there was a dispute and one party chose to file a claim in court against another party in possession of property in dispute. The moving party was required to bond his charge (claim) before he could get temporary possession of the subject property. The replevin bond was double the value of the subject property. Part of it was to indemnify the sheriff who seized the subject property from the defendant in possession. The order part was to guarantee the defendant would be reimbursed at least for the value of the seized property if it were not returned to him in the event he won the case. In equity all charges need to be bonded. You have heard: “Put your money where your mouth is.” That is what is happening when charges are brought in court and the moving party bonds the case. This policy assures the defendant will not be damaged by a unsupported complaint. Charges are rarely bonded in modern court procedures, until after the case is decided. By that time, the defendant is almost always in dishonor, so the prosecuting attorney can use the defendant’s dishonor to bond the case. It is really the defendant’s representative that is bonding the case. Again it is the man’s credit that gives life to the bond. If the defendant is in dishonor because of what its representative (trustee) said or did or did not say or did not do, it is the trustee’s credit that is used to satisfy the debt – discharge the bond. You can voluntarily bond the case if there is no bond already in the clerk’s file. Be sure to get a certified copy of the docket sheet as evidence there is no bond in the case, before you issue your bond. When you Bond the case, you are the creditor and creditors win. If you bond the case, become the creditor, and then dishonor the judge, the attorneys, or the process in any way, you will lose your position as a creditor and go back to representing the defendant. All the dishonors are pinned on the defendant even if you are the one who went into dishonor through your words or your actions. The defendant cannot talk or act. It all comes from you. If you bond the case and underwrite all the obligations/loss/cost/ of the honorable citizens of the State of _______________, that would include the attorney, as long he is honorable. If he is not, he refuses the Indemnification and volunteers to have his dishonor give the commercial energy to the settlement. It is up to him. The judge will go along with what he requests. Usually, the attorney will tell the judge that the Plaintiff moves for dismissal. 7) Performance bond Performance bonds guarantee that parties to a contract will not be damaged by the conduct or lack of conduct of an officer. This could include an executor, trustee, officer of a court, officer of a corporation, guardian, etc. Wherever there is a fiduciary duty, there may be a need for a performance bond. An oath is a performance bond in common law. In the modern States and integrated court system, bonds are backed by insurance companies. They are actually insurance policies. Performance bond: Type of contract bond, which protects against loss due to the inability or refusal of a contractor to perform his contract. Such are normally required on public construction projects. Official bond: A bond given by a public officer, conditioned that he shall well and faithfully perform all the duties of the office. Contractor: One who in pursuit of independent business undertakes to perform a job or piece of Work, retaining in himself control of means, method and manner of accomplishing the desired result.
Posted on: Sat, 01 Feb 2014 09:50:03 +0000
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