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appeal bond

A. Please would you tell...
A. Please would you tell me what normally happens to the money deposited as a bond for an appeal, if the appellant loses? Does the court keep that money? B. In our case I'm not sure how much we should claim when we file our writ of attachment. This is because the total debt owed, from the judgement in MD, is $2,800. $1,700 is currently held in escrow by the court in VA, and the amount of the bond paid is also $1,700. Since we have received nothing yet, I guess we could claim the whole $1,700 when we file the writ, but if we were to be successful at the appeal then we will be paid the $1,700 in escrow and would not be entitled to the whole amount of the bond since that would mean we'd received $3,400. Can you explain how we should proceed with the writ re the amount we should claim?
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3/25/2012
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Customer reply replied 6 years ago
Yes, I'm still waiting for an answer. I'd like to stay with this expert because he's familiar with this case. Is he available? thanks, Kate
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Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,861
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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1) The bond on appeal is to secure any judgment that was ordered in the lower court. If the winning party wins on appeal as well, the bond secures the fact that the losing party will pay the judgment. If the losing party pays the judgment the bond is released and returned, if it is not paid in 30 days, the judgment and fees are paid from the bond.

2) If you are successful, then you would be entitled to the entire amount of the judgment if the bond was placed to secure that judgment.


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Customer reply replied 6 years ago
Thanks for this. So does that mean that if we win the appeal we will receive the $1,700 which is currently held in escrow, plus $1,100 from the supersedeas bond, the two amounts totalling $2,800, which is the amount of the original judgement from the lower court?
You would receive the total judgment plus interest of about 10% on the judgment.
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