Since prejudgment attachment cases often involve fraud — like when a company is defrauded out of money or property and needs to immediately have that money or property turned over to a third party who is the sheriff of the county where the property is located — an...
When a client seeks injunctive relief, the judge may require an Undertaking on a Preliminary Injunction Bond. There are a few things to know about this type of bond: it can either be required of the defendant or of the plaintiff, it will enjoin the opposing party or a...
A Receivership Bond is created when a company, but more commonly a piece of real estate, is in dispute. For example, a dispute could occur between the bank and a real estate owner if the bank is not receiving mortgage payments. If the property has tenants, these...
In New York State, an automatic stay of execution of a judgment (CPLR 5519) is granted upon the filing of an Undertaking on Appeal and a Notice of Appeal. CPLR 5519 requires that appeal bonds (Undertaking on Appeal) include a provision to bond post-judgment interest...
In New York State’s court system, the prevailing party has the ability to execute on a judgment as soon as it has been entered by restraining assets and eventually seizing assets such as real property or bank accounts. The losing side can avoid having money restrained...
An attorney retainer letter diminishes some of the risk of fiduciary and probate bonds. The letter states the principal on the bond – the administrator, executor, or guardian – will keep their attorney involved throughout the entire duration of the principal’s...
