Illinois Appeal / Supersedeas Bond

Any defendant or appellant who loses a civil lawsuit resulting in a money judgment and wants to appeal the decision while preventing the winning party from collecting needs this bond. This includes individuals, businesses, or organizations appealing judgments for breach of contract, personal injury awards, business disputes, or other civil matters. The bond is required to "stay" (pause) execution of the judgment during the appeal process, protecting your assets from seizure, liens, or garnishment while the appellate court reviews your case.

If you lose your appeal, you must pay the full judgment amount plus interest and costs to the winning party (appellee). If you fail to pay, the appellee can file a claim against your supersedeas bond. The surety company will investigate and pay the valid claim up to the bond amount. You are then legally obligated to reimburse the surety for the full amount paid, plus any fees, interest, and legal costs, as outlined in your indemnity agreement. This is why court bonds require thorough underwriting and often collateral.

The bond amount for an Illinois Appeal/Supersedeas Bond is typically the full judgment amount plus anticipated interest during the appeal and court costs. For example, if the judgment is $100,000, the bond might be $110,000-$115,000 depending on expected interest. The premium you pay to the surety company is usually 1-5% of the bond amount annually, depending on your credit, financials, and the case specifics. In special tobacco litigation cases under 735 ILCS 5/2-1306, the bond is capped at $250 million total if 30% is posted in cash equivalents.