what does it take to show surety ?

[spinner]

Ok so here is the facts:

- want to go out of country for 2 weeks with our son for vacation
- ex is asking the court to order me to place a bond of 50K for surety.
- I am in the process of buying a home so I have the 50K in a saving but by the end of the month this will go to the down payment of the home. (before we do the trip in september).

question:
what can I show the court that would be sufficient for them? The purchase agreement? but this does not show the down payment or equity in the home, ....

any ideas ?

[joni]

You could offer her atty to lien against the equity in your new property and savings account.  The atty would file with the county assessor's office.  It show like a mortgage.  It would have to be released when you came back.

You could also purchase a bond for $50K.  It would cost you a premium like insurance and the bond company would lien against something you have $50K worth of equity in.

[spinner]

you don't think that just showing the home as equity and asking the court to put the home as a condition, .... ????

she nor I have attorneys, we go pro se

[joni]

Nope...they want the cash security to back up your promise, they want a secured transaction.  The only way to secure it is to lien it.

They want this to cost you some sort of money so that you will keep your promise.  A court order mentioning the home equity is not secure enough.

I wouldn't fight it.  Who cares?  If you protest too much, the judge will think you're suspicous and a trouble maker and you stand to lose credibility with the ocurt.  

Pick your battles.  I know this is BS and petty.  We put up with the same BS with my husband's Ex.  And it took four years....but her lies and BS caught up with her and now she's on the judge's shitlist.  So there you go....

[spinner]

so how do I go about putting a lien or bond, ... ??? how do you do that ?

[joni]

Is it court ordered or are you in the negotiations phase?  Did the judge order you to get one or are you not at the point yet?  It's always a possibility that the judge would deny her request.  I had some friends who were in court for child support and the mom asked for a bond of $6000 to secure any potential CS arrearage and the judge denied her request.

You could wait and see what the judge offered.

A surety bond for $50,000 will cost you $300-500 to get.  Here's some info I saw on-line

http://www.legal-database.com/surety-bonds.htm

Otherwise, she'd have to hire a real estate atty to lien your new property.  Make sure the lien has an expiration date of the return of your trip.  I would offer her this first and make her do the work to get the lien.  

Make her pay for this since she was the one requesting this ridiculous thing from you.  The judge may make her pay because she's the one who wants it.

[spinner]

thanks, makes sense.

we are actually going to court Monday, I filed a motion to get authorisation from the court and she replied by affidavit that she would argee pending a bond.
She does not know I have the money and wants to use this to deny me the request yet show good faith and I guess I want to take her up to her word.

I like the idea of she has to do the work and pay for it, this is great to know.

I am sure she will back off from the fees once she has to pay for it and the judge will see who is the fool, ....

Thanks again

[msjanbo]

Whatever you do, don't put your house up for collateral.  Once that "lien" is on it, if she resists in taking it off or drags the process out - you cannot sell, refinance, get an equity loan - nothing.  You jeopardize too much.

I'd go with the separate bond, but I'm still perplexed as to why she's asking for it and, even more so, why a judge would make you do it.  It seems like a stupid game she's playing, it has no real legal value, and I think a judge would side with you.