A court cost bond is generally required of plaintiffs to a civil action that are not residents of the state in which the litigation will take place (non-resident cost bond). As a rule, plaintiffs with a legitimate cause of action are not burdened with undue requirements in order to seek due process in state and federal courts. Notable exceptions are individuals or entities that have been found to be "vexatious litigants" and in the few states that require cost bond security from plaintiffs that are not residents or businesses not domiciled in the requiring state. These are a few examples:
Puerto Rico Non-resident Cost Bond
A Puerto Rico non-resident cost bond is required for all plaintiffs bringing civil suit in the courts of the Commonwealth. The surety bond penalty is minimal however failure to file said undertaking is a fatal defect which may result in dismissal of the plaintiff's suit. In Priolo v. El San Juan Towers Hotel, 575 F. Supp. 208 (D.P.R. 1983), the court affirmed that, "a dismissal for failure to comply with a non-resident bond order operates under Puerto Rico law as an adjudication on the merits, unless the trial court otherwise specifies."
California Plaintiff Cost Bond
Pursuant to California Code, Code of Civil Procedure (CCP §1030), when a civil action has been commenced in California and the plaintiff is a non-resident, then the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file a California non-resident cost bond to secure an award of costs and attorney's fees which may be awarded in the action.
Colorado Non-resident Cost Bond
Pursuant to Colorado Revised Statutes Title 13 Courts and Court Procedure §13-16-101. Non-resident plaintiffs in civil cases must generally file with the court holding jurisdiction a Colorado cost bond in order to prosecute an action against a resident defendant. In state cases in law and equity where the plaintiff is not a resident of this state, upon motion of the defendant or any officer of the court pursuant to Section 13-16-102 , the court may require the nonresident plaintiff to give an instrument in writing for the payment of costs of suit (Colorado cost bond).
Louisiana Plaintiff Cost Bond
Pursuant to Title 13 (RS:13:1215), A defendant may move to require the plaintiff or party prosecuting a case to give a cost bondin such amount as may be fixed by the court, to secure the repayment on the final termination of the cause of all costs expended by the defendant therein. The court shall fix the delay within which such bond or security for costs shall be furnished, and the failure to furnish it, within such delay, shall operate a dismissal of the cause.
North Carolina Plaintiff Cost Bond
Pursuant to §1-109, a clerk of superior court or judge, upon motion of the defendant may upon a showing of good cause, require the plaintiff to file a cost bond with sufficient surety in the sum of two hundred dollars ($200), with the condition that it will be void if the plaintiff pays the defendant all costs which the latter recovers of him in the action.
Nevada Plaintiff Cost Bond
Pursuant to NRS 18.130, if plaintiff in a civil action resides out of state, or is a foreign corporation a judicial bond for the costs and charges which may be awarded against such plaintiff may be required by the defendant. The cost bond may not exceed the sum of five hundred dollars ($500). There is an exception in cases with a diversity of plaintiffs where at least one member is a resident of or domiciled in Nevada. "If there are several plaintiffs in one action, one of whom is a resident, the rule requiring security for costs from nonresidents does not apply."
Plaintiff cost bond underwriting is best underwritten by a surety bond specialist with knowledge of this class of judicial bond and with experience with judicial cost bond language. Surety bond leader, Surety One, Inc., specializes in court bonds. An application and copy of the civil complaint are all that are needed in order to receive a court cost bond quote. Your submission is reviewed and responded to within one hour of receipt. We are the MOST RESPONSIVE surety bond underwriter in the United States. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here for a plaintiff cost bond application or for any court bond need.
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