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Georgia Supersedeas Bond (Appeal Bond ~ Georgia)

Bond penalty set by Georgia State Appellate Procedure Handboodk

Chapter 5 of the Georgia Appellate Handbook specifically addresses the Georgia supersedeas bond requirements for appellants. Pursuant to the Handbook, "A supersedeas bond is not automatically required in cases in which a notice of appeal has been filed and the appropriate costs paid however upon motion by the appellee, made before or after the appeal is docketed in the appellate court, the trial court must require posting of a supersedeas bond. Generally, a supersedeas bond should be in an amount sufficient to satisfy: (i) the judgment in full; (ii) costs; (iii) interest; and (iv) damages for delay, if the appeal is found to be frivolous. In those cases where the judgment is for the recovery of money 'not otherwise secured,' the Georgia supersedes bond must be written in an amount sufficient to satisfy: (i) the whole amount of the judgment remaining unsatisfied; (ii) costs on the appeal; (iii) interest; and (iv) damages for delay, unless the court finds cause that a lesser amount is appropriate. In those cases where the judgment determines the disposition of property such as in real estate actions, trover, and actions to foreclose mortgages the supersedeas bond must be written in an amount that will secure only: (i) the use and detention of the property; (ii) the costs of the action; (iii) costs of appeal; (iv) interest; and (v) damages for delay. There is an exception to the formula for the bond penalty. Pursuant to rule, regardless of the legal theory asserted, the type of damages awarded, and the number of parties, the total supersedeas bond penalty required of all appellants collectively may not exceed $25 million regardless of the value of the judgment." While an appellant is not obligated to provide a supersedeas bond, failure to do so results in the appellant losing the stay on collection protection of the supersedeas.

Supersedeas bonds can be large even considering the Georgia supersedeas bond statutory cap. The appeal jurisdiction's code of civil procedure or appellate handbook often provides a formula for determining the amount of the supesedeas bond. For example, appellate procedure may obligate an appellant to post a supersedeas bond equal to 150% of the judgment amount. That is not currently the practice for Georgia appeals. In order to obtain a supersedeas bond a surety company will require a complete surety bond application, a copy of the pertinent court documents and that the appellant identify his or her legal counsel. These three basic requirements are sufficient to receive a premium quote (bond cost).

What We Need From You

Additional Attachments

  • Copy of pertinent court documents