Florida Replevin Surety Bond
AmeriPro Surety Bonds | 844-589-9732
Replevin Surety Bond; Purpose And Amount Required
As Plaintiff in a civil litigation proceeding (or legal counsel for the same), a recent court appearance may have lead the court to grant you an action of replevin. This court allowance is also referred to as a “writ of attachment”; both terms means the same.
An action of replevin allows you, as Plaintiff, to seize the disputed property of a Defendant(s) before the final court judgment is given in the underlying litigation proceeding.
As a condition or prerequisite of granting the action of replevin/writ of attachment, you are required to obtain a replevin surety bond.
While required of you as Plaintiff, this surety bond is for and on behalf of the adverse party. The surety bond, therefore, is for the benefit of the Defendant(s) in case the court subsequently determines (in light of, presumably, newly learned information) that the replevin action was in fact wrongly issued.
Since in such a determination, the harm has already been committed against the Defendant as a result of the court order, this latter party may be compensated for the financial loss caused as a result of the wrongly issued replevin.
According to current Florida Statutes concerning the Prejudgment Writ of Replevin, Chapter 78.068 , the amount of the Florida replevin surety bond you, as plaintiff (or counsel for the plaintiff), will be required to purchase is:
- Twice the amount of the property attached;
- Or, twice the amount of the remaining balance you allege is owed;
- Whichever of the two amounts is less.
It will, however, be up to the court to determine the final amount required.
Qualifying and the Premium
Our agency offers you the Florida replevin surety bond in whatever amount the presiding court requires. Additionally, up to a $50,000 surety bond requirement, we also do so without a credit check inquiry.
What this means for you (or your client) are the following: Applicants who require a surety bond up to $100,000 are automatically approved by our agency (subject to meeting the requirements below). Applicants who require a surety bond greater than $100,000, are approved upon providing the items below AND demonstration of good credit as part of the surety underwriting process.
Regardless, then, of the amount of replevin bond required of you, our agency will need the following:
- A copy of the court order or court minutes which state that a replevin surety bond is required. This order will give us practically everything our agency needs to issue an acceptable bond. Providing this order or minutes to us, is therefore, crucial;
- A completed and signed surety application. The application may be completed by DocuSign to facilitate its timely return;
- Upon review of your application and approval, subject to the dollar limits above, payment of the first annual premium.
Upon payment of your first annual premium, our agency issues your bond to you along with a Power of Attorney form. Florida courts have been fairly accommodating; it has been our experience that they allow the filing of the bond electronically. Accordingly, we frequently just email a completed copy of your surety bond.
As a backstop measure, however, we’ll also mail your replevin surety bond with a wet signature and the raised seal, along with the POA form.
You, as Principal, will need to sign your surety bond before filing it and the POA to the presiding court.
Annual Renewal of the Premium
The premium associated with your Florida replevin bond is not a onetime payment, but renews annually for on the anniversary of its issuance, for as long as the court requires surety.
Premiums paid are earned in full. Refunds, in full or prorated, are not offered.
AmeriPro Surety Bonds is a surety bonds-only agency. We provide license and permit, Court, probate (up to $250,000 without a credit check inquiry), in Florida and all 50 states. Please call our agency today at:
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