Bonds and UndertakingsDeposit in Lieu of Bond
Section § 995.710
This law allows you to deposit money or other financial instruments instead of giving a bond in certain situations, with some limits. You can use cash, cashier’s checks, government bonds, certificates of deposit, savings accounts, and other financial products. These deposits must at least equal what a bond would cover. You need to have an agreement that lets an officer manage your deposit to cover any debts you owe. The officer might set some rules for how this works. However, these rules don’t apply if you’re dealing with the Secretary of State.
Section § 995.720
This law explains how to determine the market value of bonds or notes used in legal actions. If the parties involved can’t agree on the value, they can ask the court to decide. The process involves filing an application with the court, and it must include details about the bonds and their current market value. The court will then hold a hearing within 5 to 10 days to decide the value, based on evidence presented by both parties if there's a disagreement. Finally, the court will order the specific amount to be deposited.
Section § 995.730
If you make a deposit instead of providing a bond, it works exactly the same way as a bond. This means it follows the same rules, conditions, and responsibilities as a bond does, including how much you can increase or decrease the amount.
Section § 995.740
If nobody is trying to collect on a debt from the main person responsible for a financial deposit, the officer managing the deposit must: (a) pay any interest that the deposit earns every three months, if the principal asks for it; and (b) give the principal any interest coupons from bonds or notes as they become payable, or pay the annual interest on these bonds or notes when the principal asks for it.
Section § 995.750
This section outlines when a person (referred to as the 'principal') must pay money if they owe it due to a court judgment. If there is a liability, they have 30 days to pay after the judgment is finalized. If the case was appealed, they have 30 days to pay after receiving the official document (remittitur) from the appellate court, including any damages and costs from the appeal.
Section § 995.760
This law explains what happens if someone doesn't pay a debt they're responsible for within a certain time. If they don't pay, their deposit (like money or securities) can be taken by court order to cover the debt. If there are bonds or notes without a clear market price, they'll be sold at a public auction. If they have a market price, they can be sold privately but not for less than the market value. The money from the sale goes first to cover costs, then to pay off the debt, and any leftover goes back to the person who made the deposit.
Section § 995.770
This law section explains when a deposit made under this article should be returned to the person who made it. The deposit must be returned when: (a) a sufficient bond is put in its place covering all liabilities during the time the deposit was held; (b) the deadline specified by another section for returning a bond is reached; or (c) as outlined by another law for returning the deposit.