Chicago, IL asked in Foreclosure, Real Estate Law, Appeals / Appellate Law and Collections for Tennessee

Q: How does a defendant recoup damages for wrongful FED? How does defendant recovery Plaintiff's bond amount paid?

I won a FED on appeal. I am the defendant. I am attempting to find out where and how much the Plaintiff's bond is and where or to whom was it paid. No one seems to know. We were wrongfully evicted and now no one including, the General Sessions and Circuit Court Clerks can tell me how or where this "Plaintiff's bond" is being held and how I can recovery its cost due to the wrongful eviction by the Plaintiff against me and my family. Where do I go to apply or recoup this bond amount? How do I find out how much the Plaintiff actually paid and this bond is worth? We lost a lot due to this illegal action.

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: I suspect the "bond" you are referring to was not for your protection, but was to secure payment of the court costs.

If there was a "bond'- it would be described in the court filings: someone would sign as a "principal" and a second person would sign as a "surety." They probably were not required to actually pay or deposit a fixed sum of cash, their signature just makes them responsible for the court costs. Recovery of damages for the wrongful eviction will likely require a new, separate lawsuit against the owner/landlord.

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