Monday, August 1, 2016

Understanding Surety Bond In Los Angeles

By Shervin Masters


A surety bond is sometimes referred to simply as surety. It refers to a promise made by a guarantor, also referred to as a surety to pay an obligee a given sum of money if a second party does not fulfill the terms of a contract or agreement. The second party is referred to as the principal. Sureties are meant to provide protection to an obligee against losses they may suffer if the principle fails to meet an obligation.

In the US, people commonly post a fee so that an accused individual can be released from jail, prison or the custody of law enforcement officers. Although common in the United States, other countries in the world engage in this practice to a lesser extent. To find professionals in matters to do with surety bond companies in Los Angeles, one can visit any of the many offices in the place. There are many experts in this field who have offices in Los Angeles where they offer professional services to members of the public.

A surety is a form of contract that has three parties to it, that is, the surety, principal, and obligee. The party to whom the obligation is made is an obligee while the principal is the party that makes the obligation. The sureties act as assurance to the obligee that the principal is capable of carrying out the obligation made to them.

Companies, banks, and individuals can issue these bonds to various parties. In cases where they are issued by banks, they are referred to as bank guaranties. When issued by companies, they are called bonds or sureties. The bonds show credibility of a principal and ability to perform and compete a contract so as to attract an obligee to contract with them.

The principal is required to pay some amount referred to as a premium to the bank or company providing the services. If an event occurs where the principal defaults from undertaking the contract as per the terms, the company or bank comes in to investigate the situation. The investigation is meant to ascertain credibility of the claims and determines if the contract was breached.

The obligee is often paid when the company/bank when it finds that the contract was indeed breached by principal. Certain factors determine how much is paid, but the sum may also be set at the onset of the contract. One factor that may determine the sum paid is how far the contract had been performed at the time it was breached.

After paying off the obligee, the bank/company turns to the principal for reimbursement of the total cost incurred in the transaction. The cost often includes any legal fees and other expenses incurred during the process of paying the obligee. If the principal has a cause of action against another party for the losses incurred, the bank/company steps in to recover the cost of the damages from the other party.

There are certain cases in which the surety may be insolvent, making them incapable of paying the obligee when the principal defaults. When this happens, the bond becomes nugatory. To avoid such situations, private audits, government regulations, or both must verify the insolvency of the institution.




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