Bonds and UndertakingsExecution and Filing
Section § 995.310
This law section explains that if a bond isn't specifically required to be backed by a certified insurance company, it can be issued by either two or more qualified individuals (personal sureties), one certified insurance company (admitted surety insurer), or a mix of both types of sureties.
Section § 995.311
If a bond is needed for a public works project, it must be guaranteed by a surety company that is officially recognized. The agency in charge of approving the bond needs to make sure the surety company is legitimate. They can do this by checking online with the Department of Insurance or getting a certificate from the county clerk to confirm the company's status.
Section § 995.320
This law explains the requirements for a bond, which is a written promise made by a person (called a surety) to ensure someone else meets their obligations. The bond must be signed by the sureties in front of witnesses and include their addresses. It also needs a statement that the sureties are legally responsible for fulfilling the obligations of the bond. If the bond's value depends on property, it must describe the property and provide its estimated value. The sureties who sign are financially responsible under the bond and related laws.
Section § 995.330
This law outlines the structure of a bond or guarantee that is used in legal cases or proceedings. It provides a suggested format that includes the court and case title, and it specifies the conditions under which someone may offer a bond or guarantee. The form includes details such as the principal, any sureties involved, and the obligations they agree to fulfill. It also states the amount of money involved, and it names the party to whom the obligation is directed.
Section § 995.340
When a bond is required in a legal case, it usually needs to be filed with the court. However, if the law says to give the bond to someone else, that's okay too. If the bond is given to an officer, they should also file it with the court unless the law states otherwise. Once filed, the court clerk keeps the bond safe in their office.
Section § 995.350
When a bond is filed with the court during a legal action, the court clerk must record the date, amount, and names of the sureties in the register of actions. If the actual bond is lost, this recorded information can be used as initial evidence that the bond was filed correctly.
Section § 995.360
You can only take a bond out of a court file and return it to the person who posted it if the court agrees and one of two conditions is met: either the person who benefits from the bond agrees, or the bond is no longer valid because the time to enforce it has passed.
Section § 995.370
This law requires that when a bond is issued, the person who is responsible (the principal) must provide a copy to the person benefiting from the bond (the beneficiary). Additionally, a document proving that the bond was delivered (an affidavit of service) must be included with the bond when it’s filed.
Section § 995.380
If a bond is missing important parts or has issues with how it was given or filed, it doesn't automatically free those responsible from being held liable. The person benefiting from the bond can still point out the problems and hold the responsible parties to account.