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Forthcoming Bond: A Comprehensive Guide to Its Legal Meaning
Definition & Meaning
A forthcoming bond is a legal agreement that ensures a specific item or property will be available at a designated time or upon request. It is often used in situations where a person wishes to regain possession of property that has been seized, with the understanding that they will return the property if a court ruling is unfavorable. These bonds are sometimes referred to as delivery bonds.
Table of content
Legal Use & context
Forthcoming bonds are commonly utilized in civil law, particularly in cases involving property disputes. They allow defendants to reclaim property that has been levied while providing a guarantee to the plaintiff that the property will be returned if necessary. Users can often manage the process of obtaining a forthcoming bond through legal templates available from resources like US Legal Forms, which can simplify the procedure.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A defendant has their car seized due to a legal judgment. They can file a forthcoming bond to regain possession of the vehicle, promising to return it if the court rules against them.
Example 2: A business owner whose equipment has been attached can execute a forthcoming bond to reclaim the equipment, ensuring it will be present at the upcoming sale if required. (hypothetical example)
Relevant laws & statutes
According to Florida Statute § 56.12, a defendant wishing to regain possession of property that has been levied can do so by executing a forthcoming bond. This bond must be approved by the officer in charge and is set at double the value of the property.
State-by-state differences
State
Key Differences
Florida
Requires the bond amount to be double the property value.
California
May have different requirements for bond approval and property valuation.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Forthcoming Bond
A bond ensuring property will be available as agreed.
Specifically relates to property recovery in legal disputes.
Delivery Bond
A bond guaranteeing delivery of goods or property.
More general; can apply to various types of property beyond seized items.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing a forthcoming bond, consider the following steps:
Consult with a legal professional to understand your rights and obligations.
Explore US Legal Forms for templates that can help you draft the necessary bond.
Ensure you meet all conditions set by your state's laws before executing the bond.
Find the legal form that fits your case
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