Florida Distress Writ Bond | AmeriPro Surety Bonds |
Update September 2020: Up to a $50,000 surety bond requirement, our agency offers you the Florida distress writ bond without a credit check inquiry. Essentially, this means that after supplying our agency with the court order, and application, you are automatically approved.
Surety Bond; Purpose And Amount
A distress writ occurs when a tenant is ordered, by a court with jurisdiction over the case, not to remove their property from the premises owned by a landlord. Usually this order arises out of some dispute regarding real or alleged nonpayment of rents.
In this case, it is the defendant who may not remove their property. Doing so in violation of the court order may make the defendant liable for contempt of court.
Distress writs are defined under Section 83.12 of the Florida statutes.
The bond, required of the Plaintiff, is for the benefit of the Defendant(s) in the civil litigation proceeding, in case it is subsequently determined by the presiding court that the writ of distress was wrongly issued. In such an instance, the Defendant may be financially compensated for the loss and harm caused as a result of a wrongly issued writ of distress.
Qualifying and the Premium
Up to and inclusive of a $50,000 surety bond requirement, our agency offers the distress writ bond to you immediately, and without a credit check inquiry. Regardless of the amount of the distress writ surety bond amount, we will always need the following to review and issue your bond:
- A copy of the Court Order mandating the amount of Surety required. This order will also provide us with additional information needed for your bond (i.e. the Case number, the Court’s jurisdiction, the parties to the case, etc.) such that we will not need to ask you for it;
- An application which is completed, signed and witnessed (it does not need to be notarized). To facilitate completion of the application, it can be sent to you by DocuSign.
- Upon approval of your bond, payment of the premium—for amounts greater than $50,000 an underwriter review which includes a credit check inquiry is required. Applicants with good credit will be approved for amounts greater than $50,000 by our agency.
Once the bond is approved, however, and the premium paid, our agency issues the bond to you immediately. The bond is then sent to you (or legal counsel) as the case may be, for filing. You will need to sign your distress writ bond as Principal before filing it with the respective court.
Florida Distress Writ Bond: The Purpose of this Surety Bond
A Florida distress writ bond is a surety bond required of the plaintiff in a case where a distress writ has been ordered.
The purpose of requiring that the plaintiff obtain the surety bond is that once the case has been completed, if it is determined that the plaintiff wrongly sued the defendant, the defendant may recoup any financial losses suffered as a consequence of having had the distress writ in place.
In other words, this surety bond is purchased by the plaintiff (who is the principal) to protect the obligee (which is the court, on behalf of the defendant), should it subsequently be determined that the plaintiff’s case was wrong or not actionable.
The bond’s benefit is solely to protect the defendant and therefore must be purchased by the plaintiff.
Florida Distress Writ Bond: The Amount Required
The court which is presiding over your case will provide you a court order stating the amount of surety bond required.
Importantly, we will need a copy of this court order.
According to Florida state statutes, you will be required to obtain a Florida distress writ bond in at least double the amount you (or your client) are demanding in court.
This amount may also be at least double amount of the value of the property that has been levied on.
Florida Distress Writ Bond: Annual Renewal of Premium
The premium associated with your Florida distress writ bond renews annually for as long as the court requires surety. Premiums renew annually on the anniversary of your bond’s issuance. The premium, when paid, is earned in full; there is no prorating or refunding of the surety bond premium.
AmeriPro Surety Bonds is a surety bonds-only agency. We provide license and permit, Court, probate (up to a $250,000 requirement for Personal Representatives without a credit check), and other surety bonds in Florida and all 50 states.
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