What is Joint and Several Liability?

To be held jointly (combined) and severally (separately) liable is often seen in civil cases where two or more people are found liable for damages.

When a group of people are held jointly and severally liable, the winning plaintiff may:

• Collect the entire judgement from just one of the parties or
• Collect from multiple parties until the judgement is paid off

In a case where the plaintiff chooses to collect the judgement from multiple parties and one party does not have the means to pay for his/her share then the remaining parties must make up the difference so the judgement can be paid in full.

A personal representative is a person placed in charge of administering an estate after a death. Being a personal representative can be fulfilling and even pay well, but without proper knowledge and preparation, it can be a daunting job.

Anyone can be a personal representative, but there are people who have priority to the job. If a person is named as personal representative in the will, they will be first choice. Second choice generally goes to the spouse of the person who died, if they are named in the will to receive a gift. Third choice goes to any person named in the will to receive a gift, and last choice goes to an heir or creditor.

A stay of execution is a court order that temporarily suspends the execution of  a court judgement. The word “execution” does not necessarily mean the death penalty. It could just mean a court order.

A stay of execution can be granted automatically by the law or conventionally by choice.

Stays are useful in cases where a defendant wishes to seek further leagal actions, such as an appeal. Using a stay of execution, a defendant is able to put off paying the judgement until the appeal is over.

To ensure the defendant will follow through with paying the judgement, the court might require the defendant to secure a Stay of Execution Bond before the stay is issued.

What is a Release Attachment Bond?

A Release Attachment Bond (also known as a Discharge Attachment Bond) is a type of surety bond used in court cases to counter an Attachment Bond.

An Attachment is the legal seizure of a property. Therefore, a Release Attachment is an order to discharge an Attachment.

A debtor is able to secure a Release Attachment Bond after a creditor has secured an Attachment Bond. Securing a Release Attachment Bond is a legal recourse for a debtor. In some cases, a Release Attachment Bond is the best defense a debtor has.

If you’re a guardian, executor, or trustee for an estate, you need to show that you can manage the estate responsibly.

This is why you need a Probate Bond. A probate bond is a type of court bond that ensures the wishes of a deceased person are carried out ethically and honestly. If an error does occur, the bond promises you will compensate the beneficiaries for any money lost.

Probate Bonds are also called Fiduciary Bonds.

If you’re new to securing bonds, you may wonder if you actually need a Probate Bond. Are you legally required to have a bond? What happens if you don’t have a Probate Bond?

A temporary restraining order (also known as a TRO) is a short-term court order issued by a judge which forbids a person from engaging with someone else. A TRO is a type of court injunction. Watch a video about court injunctions.

Temporary restraining orders are normally found in cases involving domestic violence, child abuse, divorce, harassment, and stalking. Temporary restraining orders are just as they sound: temporary. Generally, they are short-lived and only last a few days.

When a temporary restraining order is filed by a plaintiff, it can sometimes be discovered that the defendant suffered some sort of hardship or loss because of the TRO (such as lost wages or loss of family time, etc).

In order to prevent these losses from affecting the defendant, the court may sometimes order the plaintiff to file a Temporary Restraining Order Bond.

Instead of passing on an estate outright, an individual might establish a trust or trusts for his/her beneficiaries.

• A trust is a document that looks similar to a will. It gives instructions for how you want your property and assets to be handled and distributed to your beneficiaries.
• A trust under a will is called a testamentary trust. A trust established while the individual is living is called an inter vivos trust.

The Trustee is the individual in charge of administering the trust. Normally, trustees are listed in a will, but anyone can be appointed as a trustee. 

Trustees might be required to secure a Trustee Bond before they start performing their duties.