Procedures in Enforcing a Civil Appeal Bond

[Crookstopping]

I'm looking for a person knowledgable on the laws that apply to enforcing a civil appeal bond. California laws that govern Bonds and Undertakings seem to have left out a large area of law on this issue. I'm willing to pay someone for their knowledge on this issue.

[Crookstopping]

What I have is a personal surety on a money judgment per CCP 917.1 (Appealed CCP 942, 1968 ) Appeal's been affirmed and remittitur issued.
Although there are relativley few cases citing this statute, 996.440 explains the procedures for enforcing/entering judgment on an appeal bond ( Cites ommitted) This statute includes the necessity of a noticed motion upon the sureties and the sureties right to a trial if the surety, or principal can show the court there is a triable issue of fact.

Here are a few of the ambiguities, CCP 917.1 cites many cases as still good case law going back 100 years stating the sureties have subjected themselves to the jurisdiction of the court, and have stipulated to judgment against them therefore no notice to enforce a bond is required. In addition, that a surety is liable upon the liability of the pinciple, and have no right to any proceedings upon enforcment.

To add to the ambiguities . There is also CC 2807 that states " a surety who has assumed liability for payment or performance is liable to the creditor immediately upon the default of the principal, and without demand or notice"

and then there is 995.170 (a) that states the definition of " Principal" is one who gives a bond.
Refer back to 996.440 (d)

My questions are is a personal surety liable immediately upon the default of the debtor? and is a personal surety whom has identified assets to prevent the execution of a money judgment entited to create more litigation by attempting to releave themselves of this obligation, per the delays provided in 996.440?

Lastly, why would the parties providing an appeal bond staying the enforcement of a money judgment upon a debtor already found liable, be lumped together with the types of bonds that have yet to even determine a parties liablity?

I know I'm writing a message in a bottle, but if anyone finds this bottle and can give me some incite on what i'm missing , it will be at the least greatly appreciated.

[Admin]

To be honest, you are out of my realm here.

Fortunately, I have a friend that manages a personal surety. Perhaps he can shed some light on this. Let me get back to you.



What is the name of the personal surety you used?

[Crookstopping]

First, thanks for acknowledging my post.
But I'm not sure if I understand your question. Did you want to know the names of the individuals whom posted the personal sureties? They are just private individuals, friends of the debtors.

[Admin]

I'm sorry, I misunderstood. There are individuals that offer personal surety to the public for a premium.


It seems like an attorney would be best suited to answer your questions. What does your legal counsel say?

[Crookstopping]

What I have is a civil appeal bond on a miney judgment in the form of a "Personal Surety Undertaking" by private parties, to me, a private individual. Every attorney I have spoken with agrees that the statutes are ambiguous and none have an answer. Hence my research here, I've looked for an attorney whom specializes in this area or whom has dealt with this issue but have had no success.