A Louisiana Attachment Bond is a type of surety bond which is required by the court when a party to a civil lawsuit is seeking an attachment of property. This type of bond guarantees the defendant's payment of any judgment that may be awarded to the plaintiff. There are two types of Louisiana Attachment Bonds: the Statutory Attachment Bond and the Common Law Attachment Bond. A Statutory Attachment Bond is issued by a surety company and is required when a plaintiff seeks an attachment on real estate or certain personal property. The Common Law Attachment Bond is issued by the defendant, and is used when a plaintiff seeks an attachment on tangible personal property like cash, stocks, bonds, or other items. Both types of bonds guarantee that the plaintiff will be repaid if a judgment is awarded in their favor.
Louisiana Attachment Bond
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A bail bondsman can pay the amount of the bail to the courts in exchange for a payment of 10% the bail amount, and the courts hold the money until their court date arrives. If the defendant shows up for their court date, the bondsman gets back the entire amount of the bail.
Louisiana Laws - Louisiana State Legislature. A writ of attachment may be obtained in any action for a money judgment, whether against a resident or a nonresident, regardless of the nature, character, or origin of the claim, whether it is for a certain or uncertain amount, and whether it is liquidated or unliquidated.
That means you are not formally arrested and booked, requiring a bond to get out of prison. If you don't appear in court on a misdemeanor in this state, you could be charged with Contempt by the judge, be ordered a fine of up to $500, and be jailed for up to 6 months.
If you are in jail, the District Attorney must file charges within 60 days of your arrest, except that that the District Attorney has 120 days from your arrest to file charges for first or second degree murder, aggravated rape, or aggravated kidnapping.
(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.
Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.
If bail isn't paid, you go to jail. If you were released before the bond payment occurs, you can go back to jail. Essentially, bail is nullified if the bond agent relinquishes responsibility. If this happens, getting out of jail becomes even more difficult.
If you cannot make bond, then the district attorney has 45 days on misdemeanors and 90 days on felonies to decide whether to accept your case. The period can be longer for certain offenses such as murder or aggravated rape.