Court bonds
Appeal bonds (supersedeas bonds) in NJ
A supersedeas bond, often called an appeal bond, guarantees payment of a money judgment if your appeal fails, so the court stays collection while the appeal is pending.
In New Jersey, Court Rules 2:9-5 and 2:9-6 generally require a bond for the full judgment plus interest and trial costs, unless the court finds good cause for a lower amount or other security.
Who it’s for
- Businesses or individuals appealing a money judgment in NJ courts
- Defendants who need to stop a levy, garnishment or other collection during an appeal
- Attorneys arranging the bond for a client
How appeal bonds work in New Jersey
- Collection of a money judgment is generally stayed only when a supersedeas bond (or approved cash deposit) is posted
- The amount is generally the full judgment plus interest and trial costs
- A party asking for a lower amount or a different form of security must show good cause, such as undue economic hardship, and the court can add conditions
- Because the surety is guaranteeing a known amount, appeal bonds commonly require substantial collateral
What to have ready
- The judgment or order, with the amount, interest and costs
- The court, docket number and filing deadline
- Your attorney’s contact information
- Business or personal financial statements
- What collateral is available (cash, letter of credit, real estate)
Mistakes that cost people later
- × Starting the bond after the judgment creditor has begun collection
- × Not budgeting for collateral
- × Using the wrong amount instead of judgment plus interest and costs
- × Not coordinating the bond form and filing with your attorney
Questions people ask
How much is an appeal bond in NJ?+
Generally the full amount of the judgment plus interest and trial costs under Rule 2:9-6, unless the court approves a lower amount or other security for good cause.
Do appeal bonds require collateral?+
Often. The surety is guaranteeing payment of a fixed amount, so collateral is common, especially for larger judgments.
Do I need a bond to appeal?+
Not to file the appeal itself, but generally yes to stop collection of a money judgment while the appeal is pending. Your attorney will advise on your case.
Who files the appeal bond?+
Typically your attorney files it with the court after the surety issues it.
Sources
Related bonds
Bond approval, amounts and terms are decided by the surety based on its underwriting. Approval is not guaranteed. A surety bond is not insurance for the principal: if the surety pays a claim, the principal and indemnitors must repay it. Kevin Brown Insurance Agency does not provide legal advice; consult your attorney about court filings and contract terms.