What is a non-resident cost bond?

Asked over 3 years ago - Miami Beach, FL

Dear Lawyer, what is a non-resident cost bond?
Best regards

Attorney answers (1)

  1. Susan E. Gregory

    Contributor Level 9

    Answered . F.S. 57.011 discuss non-resident cost bonds. Nowadays this statute mainly relates to foreclosure matters. It requires entities outside of Florida (foreign corporations) to post a non-resident bond of $100 to be approved by the clerk and it allows a defendant to file a motion to dismiss the lawsuit it the entity fails to post the bond. Here is the actual language of the statute.

    57.011 Costs; security by nonresidents.– When a nonresident plaintiff begins an action or when a plaintiff after beginning an action removes himself or herself or his or her effects from the state, he or she shall file a bond with surety to be approved by the clerk of $100, conditioned to pay all costs which may be adjudged against him or her in said action in the court in which the action is brought. On failure to file such bond within 30 days after such commencement or such removal, the defendant may, after 20 days’ notice to plaintiff (during which the plaintiff may file such bond), move to dismiss the action or may hold the attorney bringing or prosecuting the action liable for said costs and if they are adjudged against plaintiff, an execution shall issue against said attorney.

    My comments do not establish an attorney-client relationship and do not constitute legal advice, but if my answer has helped you please mark the thumbs up box below. Thank you.

    Susan Gregory Liammari, Esq.
    Counselor First, Then Counsel
    Florida Elder Care Attorney & Advocate
    1491 E. Venice Ave. | Suite A | Venice, FL 34292
    Ph: (941) 486-8700| Fax: (941) 486-8708
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