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Court & Fiduciary Bonds

South Carolina Appeal Bond

An amount of money placed in holding while the appeal is being decided. An Appeal Bond is supplied by the appellant (plaintiff) who is appealing the court’s judgment and is usually in the amount of the original judgment (though it could be more). Referred to as a safety net bond which helps protect the court from frivolous appeals that cost the court time and money, an appeal is always posted by the losing party in a court case. A losing defendant needs this to secure his right to appeal and stay the judgment. It is required by both federal and state court. The process of appealing involves posting a full judgment in addition to posting interest. An appeal bond should be discussed early in a case since the cost of this bond can be high and defendants are required to post this bond a few weeks after the judgment. 

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South Carolina Fiduciary Bond (Other Than Probate)

A fiduciary bond is a legal instrument that essentially serves as insurance to protect beneficiaries, heirs and creditors when a fiduciary fails to perform honestly or competently.  A court may require a fiduciary bond for any person or party that has fiduciary duty or responsibility to another. In general, a fiduciary is someone who owes a duty of loyalty to protect the interest of another.  A fiduciary may be a trustee, executor, personal representative, administrator, guardian, financial advisor, or other person exercising control over another person’s assets and/or property.

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South Carolina Indemnity Bond

An indemnity bond is a bond that is intended to reimburse the holder for any actual or claimed loss caused by the issuer’s conduct or another person’s conduct. An indemnity bond acts as coverage for the loss of an obligee when a principal fails to perform according to the terms agreed upon between the obligee and the principal.

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South Carolina Injunction Bond

An Injunction Bond is a judicial order issued by a court in favor of the plaintiff whereby the defendant is required to do or refrain from doing a particular act until the issue is decided in court. The Bond guarantees that the plaintiff will indemnify the defendant against all damages and costs should the court rule in the defendants favor. A defendant could also provide an injunction Bond to allow his continued action until the matter is resolved in court. In this situation the Bond would guarantee the defendants indemnification of the plaintiff’s damages should the plaintiff prevail.

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