Q: Writ of Replevin defendant ordered to obtain an impossible to obtain bond.
I am in Florida. I am the defendant in a writ of replevin case, and at the hearing I was permitted to keep possession of the vehicle but ordered to obtain a surety bond for the value of the vehicle. After contacting several bond agencies, I have learned that this type of bond cannot be underwritten. Most agencies say this is because it's atypical for the defendant to maintain possession and typically this is something that must be done by the plaintiff. One agency suggested a cash payment of the entire value of the bond plus additional bond fees, which is not something that is possible for me. I would like to ask the court to change or reconsider the order, and allow for some other guarantee, such as adding the court or Plaintiff(if this doesn't hurt my rights) as an interested party on my full coverage auto insurance policy. Would a Motion to Show Cause Motion to Vacate be the appropriate filing for this situation?
A:
Short answer. Yes you can file a motion to modify the bond. That decision is up to the judge.
Additionally this sounds like a complex situation so I suggest hat your hire an attorney to assist you.
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