Surety Bond Professionals is a family-owned and operated bonding agency with over 30 years of experience. With access to a broad range of surety markets, our expert agents are ready to assist with all your Nebraska supersedeas bond needs.
What Are They?
A Nebraska supersedeas bond is an appeal bond, a type of court bond required before a civil court judgment can be stayed while the case is under appeal. A supersedeas bond serves these important purposes:
- It delays, or “stays,” execution of the original court judgment pending the outcome of the appeal.
- It ensures payment of the original judgment and any additional court costs assessed by the appellate court if the appeal is unsuccessful.
- It discourages frivolous appeals intended only to delay the execution of the original judgment.
A supersedeas bond must be provided to the court within 30 days of the original judgment. Otherwise, the judgment can be executed despite the case being under appeal.
Who Needs Them?
If you’re going to appeal a Nebraska court’s decision in a civil matter and stay the execution of the original judgment pending a ruling on your appeal, you first need to purchase a Nebraska supersedeas bond.
The required bond amount will be determined by the appellate court based on the details of the case. It will be high enough to cover the original judgment plus interest that accrues up to the point that there is a ruling on the appeal, plus court costs related to the appeal.
Speak with a Surety Bond Professionals agent today to discuss your bonding needs.
How Do They Work?
There are three parties to a Nebraska Supersedeas bond agreement:
- The appellate court is the “obligee” requiring the bond.
- The person appealing a judgment is the “principal” who must purchase the bond.
- The surety company underwriting and approving the bond is the “surety.”
Very few appeals succeed. The only valid basis for an appeal is a procedural error made during the original trial that compromised your rights. Simply coming up with new information or challenging the reliability of a witness’s testimony won’t do it. Consequently, surety bond companies view all appeal bonds as risky and oftentimes require them to be fully collateralized. (For businesses with sizable financial strength/ability to easily pay off the appeal, these bonds can be done with minimal or no collateral).
If you lose your appeal, the surety will use your collateral to pay any court costs and attorney’s fees you have been assessed, and the stay on the execution of the original judgment will be lifted. If you don’t make good on the judgment voluntarily, the court can seize the collateral held by the surety and turn it over to the plaintiff.
What Do They Cost?
Fully collateralized appeal bonds may come with a lower bond rate of 1 to 1.5% while bonds approved with lesser/no collateral may come with a higher bond rate of 2-3%.
Get a Quote
Our surety bond professionals will get you the Nebraska supersedeas bond you need at a competitive rate.