Section 8.6 Whether Defects in Bond May Be Cured Retroactively
| Library | Creditors' Remedies (2009 Ed. + 2014 Supp) |
a. (§8.6) Whether Defects in Bond May Be Cured Retroactively
Rule 99.11 provides that the court may order a party to furnish a new bond if the bond is determined to be insufficient. Courts have not directly addressed the issue of retroactive cure of an insufficient replevin bond. The federal District Court for the Eastern District of Missouri has held that defects in the original bond filed by the plaintiff before the issuance of a writ of attachment may not be cured retroactively. Seltzer v. Baumruk, 825...
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