Writ of Distress Bond (Florida)

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Bond Penalty: No less than two times the amount of claim

A writ of distress bond or distraint bond is an undertaking required to support a plaintiff's motion to secure his or her leased property and its appurtenances. Distraint is a prejudgment remedy similar to the old 'claim and delivery' practices under common law. Courts will generally grant a motion for distress where the following criteria exist:

  • The defendant is engaging in, or is about to engage in conduct that may place the claimed property in danger of destruction, concealment, removal from the state, removal from the jurisdiction of the court, or transfer to an innocent purchaser during the pendency of the case, and;
  • The defendant has failed to make payment to the property owner/plaintiff as he or she agreed.

F.L.G.S. §83.12 addresses the judicial bond requirement in support of the writ of distress, to wit; "The plaintiff or the plaintiff’s agent or attorney shall file a writ of distress bond to be approved by the clerk of court and payable to defendant in an amount at least double the sum demanded or if property, double the value of the property sought to be levied upon. The court bond must be conditioned to pay all costs and damages which defendant may sustain as a consequence of the plaintiff’s improperly suing out the distress."

Litigation bond underwriting is best accomplished by a judicial bond specialist with knowledge of this class of surety bond and with experience with court cost bond terms. Judicial bond leader, Surety One, Inc., specializes in judicial bonds. For small bonds an application, copy of the civil complaint and motion for writ is all that is needed to receive a quote. Larger bond penalties Your submission is reviewed and responded to within one hour of receipt. We are the MOST RESPONSIVE court bond underwriter in the United States. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here for a writ of distress bond application or for any court bond need.

Surety bond application review and quoting are free of charge. There is no obligation to purchase.

What We Need From You

Additional Attachments

  • Copy of complaint
  • Copy of motion for writ