Florida Temporary Injunction Bond
AmeriPro Surety Bonds | 844-589-9732
The Florida Rules of Civil Procedure 1.610, requires those who obtain an injunction to also obtain a surety bond.
An exception to this rule are injunctions imposed in cases which involve solely spousal or physical abuse or harm of another person. (Florida Statutes 741.30 ) In those cases, alone, an injunction bond is not required.
AmeriPro Surety Bond facilitates obtaining the court-mandated injunction bond in the amount required.
Below, we explain why a temporary injunction bond is required, who it is required of, and the process involved in complying with your court order.
Please Note: The Principal (i.e. the applicant, the Plaintiff) must be a United States citizen in order for us to consider this surety bond.
Florida Temporary Injunction Bond: The Purpose of this Bond Requirement
The purpose of the Florida temporary injunction bond is to protect the defendant on whom the injunction has been placed if the injunction is later to determined to have been wrongly placed.
The surety bond is purchased by the “movant”, that is, the person seeking the injunction.
If it is later determined by the court that the temporary injunction was wrongly placed on someone, the bond allows that persons (i.e. the Defendant) to be financially compensated for harm and damages which occurred as a result of the injunction.
To be clear, then, the Florida temporary injunction bond is:
- Purchased by the Plaintiff, or the party who has sought and received a temporary injunction;
- To compensate for harm against the Defendant(s), the party on whom the temporary injunction has been placed, should it later be determined that the temporary injunction should not have been placed on that party.
We do not offer injunction bonds where the party requiring surety is the Defendant on behalf of the Plaintiff.
Amount of Surety Bond Required
The amount of the injunction bond may be a formula used by the judge to determine the potential financial loss or cost to a Defendant; however, ultimately, the amount of surety required is whatever your presiding judge orders.
Qualifying and the Premium
For any Florida injunction bond up to and including a $25,000 surety bond requirement, our agency issues this bond to you immediately. A surety bond requirement that is greater than $25,000, requires a completed and signed application. For these larger bond amounts, there is also an underwriter review which includes a credit check. To be approved for amounts greater than $25,000, good credit is essential; otherwise, unfortunately, your application will be declined.
Regardless of the injunction surety bond amount, we’ll need the following from you:
- A copy of the Court Order. A lot of the information which will be included on your bond will be found on the Court Order. This includes the names of the Parties to civil matter; the case number; the Court venue, etc. Providing us with this will save us an incredible amount of time and will help towards the timely issuance of your bond. Without the Court Order no injunction bond will be issued.
- A completed application. Bonds greater than $25,000 require good credit after review by an underwriter; bonds $25,000 and less have no credit review for qualifying and are issued immediately after providing the Court Order and paying the premium.
- Payment of the premium.
Once your bond is approved and the premium is paid, our agency issues your injunction bond to you immediately. You will file the original surety bond and Power of Attorney with the Clerk of the Court (after the Plaintiff signs the bond as Principal). We have seen instances where attorneys have been able to file an emailed copy of the bond with the respective Florida court; however, our assumption is that you always require the original surety bond for filing, and act accordingly.
Annual Renewal of Your Premium
The premium associated with your Florida injunction bond is not a onetime payment. The premium renews annually on the anniversary of your bond’s issuance for as long as the Court requires Surety. We advise clients to realistically expect to pay the premium at least twice — once when the bond is first issued and one year later.
Options exist to prepay your surety bond up to 3 years, which offers you a savings over annual renewals. However, should your case be resolved and your surety bond exonerated (whether in your favor or on in favor of any Defendant), know from the onset that neither a full nor prorated refund is offered.
AmeriPro Surety Bonds is a surety bonds-only agency which provides license and permit, probate, and other surety bonds in Florida, all 50 states, and Washington D.C.
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