Posting Bond For Injunctive Relief In Alameda

Category:
State:
Multi-State
County:
Alameda
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

Free preview
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement

Form popularity

FAQ

Injunctive relief, also known as an “injunction,” is a legal remedy that may be sought from the courts to require a defendant to stop doing something (or requiring them to do something).

A preliminary injunction bond is generally required to be posted by the plaintiff in a court case when a plaintiff wants to prevent the other party (the defendant) from a certain action. This type of bond indemnifies the defendant against loss if it is determined that the injunction should not have been granted.

To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...

A preliminary injunction bond is generally required to be posted by the plaintiff in a court case when a plaintiff wants to prevent the other party (the defendant) from a certain action. This type of bond indemnifies the defendant against loss if it is determined that the injunction should not have been granted.

The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...

To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...

Contempt of Court and Enforcement If a party fails to comply with the order, the court can hold the party in contempt of court. Contempt of court can result in fines, imprisonment, or both. The injured party can also seek enforcement of the injunctive order through the legal system.

In many cases, a contract will include an injunctive relief clause stating that one or both parties are entitled to relief to prevent them from suffering harm due to a breach of contract.

More info

An application for a TRO or an OSC must state whether there has been any previous application for similar relief and, if so, the result of the application. Grounds on which injunctive relief may be granted and restrictions on the availability of injunctive relief are described in Code of Civil Procedure § 526.Petitioners, as nonprofit organizations working with and on behalf of low income communities, should not be required to post a bond. This post will provide you with detailed information about an injunction bond that is specific to the State of California. This guide includes a template complaint with cause of action for injunction. It will not fit your circumstances exactly and must be customized. Therefore, the public interest favors granting Plaintiff a preliminary injunction. The relief requested in the Motion. If you are in custody, your Public Defender may also bring up the issue of bail. See §§9.51 – 9.52 and §9.100 below.

Trusted and secure by over 3 million people of the world’s leading companies

Posting Bond For Injunctive Relief In Alameda