Louisiana Appeal Bond (Supersedeas Bond ~ Louisiana)
Unless an appeal is devolutive, a Louisiana appeal bond is required from appellants that wish to stay execution during the pendency of the appeal. Article 2124 addresses the occasions, exceptions and amounts of the financial security that must be furnished. Except in those cases related to the "Tobacco Master Settlement Agreement", or when the state of Louisiana is a judgment creditor the court may exercise its discretion in setting the surety bond amount where the amount of the judgment exceeds one hundred fifty million dollars ($150,000,000). In those specific cases the bond must be required in an amount sufficient to protect the rights of the judgment creditor.
Pursuant to the statute, in the case of a money judgment the amount of the Louisiana appeal bond must be equal to the amount of the judgment plus the interest allowed by the judgment to the date the bond is filed, exclusive of the costs. When the entry of judgment is for the distribution of fund in "custodia legis", the bond must be sufficient to secure the payment of costs only. In all other types of litigiation the surety bond must be set by the trial court at an amount sufficient to assure the satisfaction of the underlying judgment and damages for the delay resulting from the stay of execution. Where the party seeking appeal from a money judgment perceives him or herself aggrieved by the amount of the bond set by the trial court, that appellant may seek supervisory writs of review of the appropriateness of the Louisiana supersedeas bond penalty.
Louisiana appeal bonds issued by a corporate surety are addressed under section D.) of the code. In these cases the trial court judge may set the amount of the bond not to exceed one hundred fifty percent (150%) of the amount of the judgment AND interest allowed, exclusive of the costs. The Louisiana appeal bond must be manuscripted to guarantee that the appellant will prosecute his or her appeal, that any judgment against him will be paid or satisfied from the proceeds of the sale of his or property, or that otherwise the surety company will pay the full amount of the judgment.
Review and preparation of terms of supersedeas bonds is best accomplished by a surety specialist with knowledge of this type of obligation and the specific forms required by appeal statutes. Surety One, Inc. specializes in judicial bonds in all local, state and federal courts. A Louisiana supersedeas bond application submission is reviewed and responded to within one hour of receipt of the same. We are the MOST RESPONSIVE court bond underwriter in the nation. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here if you would like to have a conversation about your judicial bond need.
Surety bond application review and quoting are free of charge. There is no obligation to purchase.
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