Court bonds are required by courts and legal proceedings on the court’s timeline, not yours. Evergreen Surety places appeal bonds, release of lien bonds, probate bonds, and conservator bonds in Colorado and throughout the United States and Canada. If you need a court bond placed quickly, call us today.
Court bonds don’t come up the way most surety bonds do. There’s no ongoing business relationship, no contractor prequalification process, no annual renewal tied to a license. A court has ordered the bond, a legal proceeding requires it, and the process can’t move forward until it’s in place.
Most people who need a court bond find out about the requirement from their attorney. They’re not bond professionals and they’re not planning ahead. They need it placed correctly and they need it fast. We are here to help.
Evergreen Surety places four core court bond types: appeal bonds, release of lien bonds, probate bonds, and conservator bonds. Each is tied to a legal proceeding with a deadline attached. The court sets the requirement, the bond amount is specified by court order or statute, and placement has to happen before the proceeding can move forward.
We place court bonds for Colorado proceedings and nationally.
An appeal bond, also called a supersedeas bond, is required when a party appeals a court judgment. The bond guarantees that if the appellant loses the appeal, the original judgment amount plus interest and costs accrued during the appeal period will be paid. In most jurisdictions, the bond must be filed and approved by the court before the appeal can proceed.
The court sets the bond amount based on the judgment, the anticipated length of the appeal, and applicable interest rates. In Colorado, the limit is typically set at 1.5 times the judgment amount. If you have a court order specifying the bond amount, that’s what we work from.
Appeal bonds can be difficult to obtain, especially for defendants, as courts have already made a determination of their liability. As such, many appeal bonds require full collateral in the form of a letter of credit or cash that is held by the surety carrier through the course of litigation. Occasionally, a court will accept the collateral directly, and in those cases, a bond is not needed.
If you need an appeal bond, and the court will only accept a bond, please reach out to us. While the collateral requirement is onerous, we make the rest of the process as easy as possible.
A release of lien bond, also called a lien discharge bond or mechanic’s lien bond, allows a property owner or contractor to remove a mechanic’s lien from a property title without paying the underlying claim. The bond substitutes for the lien. The claimant still has recourse, but through the bond rather than the property itself.
Once the bond is in place and the lien is released from title, a property sale, refinancing, or construction loan draw that was blocked by the lien can proceed. The claimant’s rights are preserved; they can still pursue payment. The lien no longer encumbers the property.
The need for a release of lien bond usually surfaces during a title search tied to a property transaction or a construction loan milestone. A mechanic’s lien shows up on the title report, the closing or draw is blocked, and the parties need the lien removed fast. The timeline is almost always compressed to days, not weeks.
In Colorado, mechanic’s liens are a common tool for unpaid subcontractors and suppliers. If a lien has been filed against your property and you need it removed from title before a closing or refinancing, call us the same day you find out.
Release of lien bond amounts are set by state statute and are typically calculated as a multiple of the lien amount. In Colorado, the statutory framework comes from the Colorado Mechanics Lien Act. The bond must be in the correct amount and the form must satisfy the court’s requirements; a generic bond form will not be accepted. We place these bonds correctly the first time.
Probate courts require a bond when appointing a personal representative, executor, or administrator of an estate. The bond guarantees that the fiduciary will faithfully perform their duties, properly account for estate assets, and distribute the estate according to the will or applicable law.
The bond protects heirs, creditors, and other interested parties from mismanagement of estate assets. In Colorado, probate bonds are required in many but not all estates. The court has discretion to waive the requirement in certain circumstances, particularly when the will waives bonding or when all heirs consent. When the court requires one, it must be in place before the personal representative can act.
Bond amounts for probate bonds are typically set by the court based on the estimated value of estate assets under the fiduciary’s control. The court order will specify the amount. We place probate bonds in Colorado and nationally and can typically do so within one to two business days for qualified applicants.
When a court appoints a conservator to manage the financial affairs of a person who cannot manage their own, whether due to incapacity, disability, or age, a conservator bond is required. The bond guarantees the conservator will faithfully discharge their duties, account for all assets under their management, and act in the protected person’s best interest.
Conservator bonds are similar in structure to probate bonds but are tied to conservatorship proceedings rather than estate administration. The bond amount is typically set by the court based on the value of assets the conservator will control. Because a conservatorship may be ongoing for years, the bond typically remains in force for its duration and is subject to annual court review.
If a court has appointed you as conservator and required a bond as a condition of your appointment, call us with the court order in hand and we’ll move quickly.
Colorado requires court bonds less frequently than many other states. The Colorado Probate Code gives courts discretion to waive bonding requirements in certain circumstances. When bonds are required, Colorado courts follow specific statutory requirements for bond amounts and form language that vary by bond type.
For release of lien bonds, the Colorado Mechanics Lien Act sets the statutory framework. For appeal bonds, the Colorado Appellate Rules govern the supersedeas bond requirement. For probate and conservator bonds, the Colorado Probate Code applies. We know Colorado’s requirements for each bond type and we place them correctly.
If you’re outside Colorado, we place court bonds nationally. Requirements vary by state and by court, and we work from the applicable statute and court order in each jurisdiction. Evergreen is licensed throughout the United States and Canada.
A court bond is a surety bond required by a court or legal proceeding as a condition of moving forward. Common types include appeal bonds (supersedeas bonds), release of lien bonds, probate bonds, and conservator bonds. The court typically specifies the bond amount and form requirements in its order.
For applicants with strong credit and a court order specifying the bond amount, same-day or next-day placement is often possible for appeal bonds and release of lien bonds. Probate and conservator bonds typically place within one to two business days. Call us as soon as you have the court order in hand.
A supersedeas bond is the formal term for an appeal bond. It is required when a party appeals a court judgment and guarantees that the original judgment amount plus interest and costs will be paid if the appeal is unsuccessful. Most courts require the bond to be filed and approved before the appeal can proceed.
Yes. A release of lien bond substitutes for the lien, allowing the lien to be removed from your property title without paying the underlying claim. The claimant’s rights are preserved through the bond rather than the property. In Colorado, the bond amount is governed by the Colorado Mechanics Lien Act and is calculated as a multiple of the lien amount.
Colorado requires probate bonds in many but not all estates. The Colorado Probate Code gives courts discretion to waive the bonding requirement when the will waives it or when all heirs consent. When the court does require a bond, it must be in place before the personal representative can act. We place probate bonds in Colorado and throughout the country.
Yes. We place court bonds nationally. Requirements vary by state and by court, and we work from the applicable statute and court order in each jurisdiction. Evergreen Surety is licensed throughout the United States and Canada.
Court bonds are time-sensitive. If you have a court order in hand and need a bond placed, call today. Megan Burns handles all commercial surety new business and can tell you within minutes what we need to get your bond placed.
Call Megan Burns at 720-258-6182 or email her at mburns@evergreensurety.com
