A court bond applies to law much like regular bonds in building or finance. In our court system, different bonds are issued to folks accused of crimes, guardians, assets and several other key areas. A court bond is issued to assure that an order is enforced or to make sure people appear in court when they’re slated. In other words, bonds are given by the court to assure that orders in family, civil and criminal court are followed. If anyone fails to follow the terms of the court bond, the judge may seek a warrant for your arrest.
The most common types of court bonds include the Bail bond, Appeal Bond, Fiduciary Bond, Probate Bond, Custodian Bond, Executor Bond, and Guardianship Bond. Before we discuss each type of court bond, let’s learn why courts are forced to issue these bonds and who may need them.
Why do Courts Issue Bonds?
Many people refer to court issued bonds as ‘getting bailed out of jail’ bonds. This is correct, although judges and clerks will issue bonds for many other reasons in addition to ‘bonding’ suspects out of jail. For example, estates that are owned by loved ones when they pass away have guardians to manage funds; in that situation, bonds are offered to protect the best interests of every family member. In the event guardians aren’t named in a living will, courts will name guardians; again, a specific type of bond is issued for this situation as well.
Knowing what your place is within the court system will help you decide what type of bond you will need to buy. Below are seven kinds of court bonds issued and what purpose they serve:
When you’ve been detained and charged with a crime, you’ll either receive a fixed bond or the judge will appoint a dollar amount which is equal to the crime and your criminal record. Upon posting the court bond, you will leave jail after being processed. You will then appear for a court date. If you fail to appear for court, expect your bond and any future bond rights to get revoked. These types of court bonds are issued more than all court bonds combined.
After court cases have been ruled on, judges will issue a final order of judgment which includes money that is owed to the courts or a person. If a person is not happy with this judgment, they have the right to an appeal. An appeal bond that’s worth 100%-110% of the final judgment will be purchased to assure the appeal isn’t a playful attempt to stall payments owed to the court. It is because of court bonds that our legal system has stopped being abused or deceived by those found guilty of crimes.
The fiduciary bond protects anyone that needs to be supervised from having money or property abused. Guardians in charge of personal needs don’t have to be bonded; however, guardians in charge of property must be bonded to assure they follow court rules and don’t mistreat property. In most cases, a fiduciary bond is issued to folks under 18 years of age and seniors that can’t take care of their own needs. This court bond is issued when judges hire a guardian in child and elderly court cases.
Probate Bond (also called an “Executor Bond”)
The probate bond is another type of court bond that helps enforce an order. When a person passes away, they will need someone to perform the steps in their living will. A probate bond pledges that an executor will carry out the steps according to the needs of the deceased. Before any property or money can be given to family members or those listed in the living will, proof that you bought a bond must be shown to the court. These court bonds can be issued whether or not an executor was named in the will.
Custodian Bond (also called a “Guardianship Bond”)
Custodian bonds are issued when someone is in need of a guardian. Disabled folks, children and elderly folks often need a guardian when they can’t take care of themselves. Courts require a custodian bond to protect folks against fraud and being abused. The value of this bond always meets or exceeds the total value of the minor’s or disabled person’s assets. Because the guardian is liable for a person’s welfare, these court bonds are key in family law. You can also see the financial side of court bonds by reading our fiduciary bonds, notary bonds, and appeal bonds piece.
Know your Court Bonds
When you’re in trouble and need to get out of jail, a bond is offered for you. Should your loved one pass away and leave you in charge of their financial affairs, a bond will be made available to you. Many different scenes in courts may require bonding in order to satisfy a judge’s order. You can prepare yourself before buying a bond by knowing the many court bond types. For more info, contact us to learn more about any bond you may need. We will answer your request as soon as possible.