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Last updated: General appeal bond vs supersedeas bond information — confirm current requirements with the licensing authority.
Appeal Bonds Explained

Appeal Bond vs. Supersedeas Bond: What's the Actual Difference?

An appeal bond (the FRAP 7 “cost bond”) guarantees you'll pay the other side's appellate costs if you lose — typically $250 to $2,500, set by the district court. A supersedeas bond (FRCP 62(b), or FRAP 8(a)(2)(E) in the court of appeals) is a completely different instrument: it stays enforcement of the judgment, sized to 100-150% of what you owe. Confusing the two is how appellants find out — too late — that they paid for a small cost bond and got no protection from garnishment at all.

Some states don't even call it a “bond.” California and New York use the word “undertaking.” Below: the federal rule text, a state-by-state terminology map, and exactly when you need both bonds posted at once.

Quick answer
An appeal bond (the FRAP 7 cost bond) covers the other side's appellate costs if you lose, while a supersedeas bond (FRCP 62(b)) stays enforcement of the judgment while you appeal. They are different instruments: the cost bond gives no protection from garnishment.
  • Who requires it: The district court sets the cost bond; the supersedeas bond follows federal rules or the state's formula (some states call it an undertaking).
  • Amount: Cost bond: typically $250 to $2,500, set by the district court. Supersedeas bond: typically 100-150% of the judgment.
  • Typical cost (estimate): A supersedeas bond premium is commonly 1-4% of the bond amount a year, and carriers may require collateral on large judgments. Page example: roughly $20 a year for a small cost bond. The surety sets the final price.
Get an appeal bond quote
$250–$2,500
Typical FRAP 7 cost bond
100–150%
Typical supersedeas bond, of judgment
3 Labels
Bond, undertaking, appeal bond — same function

Why This Distinction Costs Appellants Real Money

We field calls every month from appellants who posted a bond, assumed they were protected, and then got hit with a bank levy anyway. In nearly every case, they had posted the FRAP 7 cost bond — the small one — and never posted the supersedeas bond that actually stops collection. The clerk's office does not proactively warn you about the second bond; it's on you (or your producer) to know both exist.

The reverse mistake also happens: appellants overpay for a full supersedeas-sized bond when the court only required the small cost bond, because a case with no risk of immediate collection (e.g., an injunction-only judgment) doesn't need a stay bond at all.

Rule of thumb: if your goal is to stop the winning party from collecting while you appeal, the cost bond does not do that job. You need the supersedeas bond (or local equivalent) specifically.

Appeal Bond vs. Supersedeas Bond: The Difference in One Table

These aren't two names for the same thing — they secure different obligations, are set by different authority, and cost wildly different amounts. Read this table before you talk to a surety producer.

The Federal Rules: FRAP 7, FRAP 8, and FRCP 62(b)

FRAP Rule 7 — The Cost Bond

Rule 7 is short and gives the district court broad discretion: it may require an appellant to post security for the appellee's appellate costs, but it doesn't have to, and it sets no fixed dollar figure. Before 1979 the rule set a flat $250 bond; the current version leaves both the decision and the amount to the district court.

  • Covers appellate costs only — filing fees, transcript costs, printing
  • Does not stay enforcement of the judgment
  • District court sets amount; typically modest unless costs are unusually high
  • Rule 7 explicitly cross-references Rule 8(b) surety requirements

FRAP 8 & FRCP 62(b) — The Stay Bond

Two rules work together here. FRCP Rule 62(b) lets a party obtain a stay in the district court “by providing a bond or other security.” If the district court denies a stay or the case is already up on appeal, FRAP Rule 8(a)(2)(E) lets the court of appeals condition relief on “a party's filing a bond or other security in the district court” — the appellate court can order the security even though it's filed below.

  • Amount approximates the full judgment — not a flat cost figure
  • Stay takes effect only once the court approves the security
  • The 2018 amendment replaced "supersedeas bond" with "bond or other security"
  • "Other security" now expressly includes cash deposits, letters of credit, and marketable securities

Official Federal Requirements

"In a civil case, the district court may require an appellant to file a bond or provide other security in any form and amount necessary to ensure payment of costs on appeal. Rule 8(b) applies to a surety on a bond given under this rule."
Federal Rules of Appellate Procedure • FRAP Rule 7 — Bond for Costs on Appeal

Official Federal Requirements

"The court may condition relief on a party's filing a bond or other security in the district court."
Federal Rules of Appellate Procedure • FRAP Rule 8(a)(2)(E) — Stay Pending Appeal

Official Federal Requirements

"At any time after judgment is entered, a party may obtain a stay by providing a bond or other security. The stay takes effect when the court approves the bond or other security and remains in effect for the time specified in the bond or other security."
Federal Rules of Civil Procedure • FRCP Rule 62(b) — Stay by Bond or Other Security

What Each State Actually Calls It

“Supersedeas bond” is the most common label, but it isn't universal. Search the wrong term in your state and you may miss the statute that actually governs your filing.

Why California and New York say “undertaking”

Both states inherited the term from older civil procedure codes that used “undertaking” for any court-ordered surety instrument, not just appeal security — probate and injunction undertakings use the same word. If you search “California supersedeas bond,” you'll find plenty of results, but the actual statute (CCP §917.1) never uses that phrase.

Why Illinois says “appeal bond”

Illinois Supreme Court Rule 305 refers to “an appeal bond or other form of security” — collapsing the federal cost-bond/stay-bond distinction into a single instrument that does the stay-bond job. There's no separate small cost bond required at the state level in Illinois the way FRAP 7 requires federally.

When You Need Both Bonds at Once

Illustrative Example

A defendant loses a $1.4 million breach-of-contract judgment in federal district court and files a notice of appeal. Two things happen almost simultaneously:

1

On the appellee's motion, the district court sets a FRAP 7 cost bond at $1,500 — a routine, small figure to cover appellate filing and printing costs if the appeal fails.

2

Separately, the defendant moves under FRCP Rule 62(b) for a stay, and posts a supersedeas bond at 140% of the judgment — $1,960,000 — to cover principal plus roughly a year of anticipated post-judgment interest under 28 U.S.C. §1961.

Both bonds are active on the same case at the same time. Skipping the second one because the first was already posted is the single most common — and most expensive — mistake we see appellants make. The defendant in this scenario pays roughly $20/year premium on the cost bond and 1-1.5% annually on the supersedeas bond (about $19,600-$29,400/year at $1.96M), a materially different cost profile than assuming “the appeal bond” covers everything for one price.

How to tell if your case needs both

  • The judgment includes a monetary award AND you want to stop the winner from collecting during the appeal → you need both
  • The appellee (or the court) has specifically moved for costs security under FRAP 7 → you need the cost bond regardless of the stay bond
  • The judgment is purely injunctive/declaratory with no money award → you likely need only the cost bond, if any
  • You don't intend to seek a stay and are willing to let collection proceed → you may only need the cost bond, and can skip the stay bond's expense

How Each Jurisdiction Sets the Stay-Bond Amount

The cost bond is always small and court-discretionary. The stay bond's amount is where jurisdictions genuinely diverge — some multiply the judgment, some add fixed interest periods, and a few cap the total regardless of formula.

The States With Hard Dollar Caps

Texas, Georgia, and Florida stand out because they cap what a judgment debtor can be forced to post, regardless of how large the judgment is. Texas caps supersedeas security at the lesser of 50% of the judgment debtor's net worth or $25,000,000 (Tex. R. App. P. 24.2) — a rule specifically designed to prevent a judgment from forcing a company into bankruptcy just to exercise its right to appeal. Georgia caps the total supersedeas bond required of all appellants collectively at $25 million, regardless of the judgment's size (O.C.G.A. §5-6-46(b)). Florida caps exposure differently: an insurance company defending its own insured can supersede at its policy limit plus 15%, rather than the full judgment, when the judgment exceeds coverage (Fla. R. App. P. 9.310). California, Illinois, Pennsylvania, and Washington impose no equivalent statutory ceiling.

For a full walkthrough of a specific state's formula, see our Texas supersedeas bond guide, California appeal bond guide, or Florida supersedeas bond guide.

Which Bond Do You Need? A Decision Flowchart

Know Which Bond You Need? Let's Quote It.

Cost bond, stay bond, or both — our licensed producers work with Treasury-listed carriers for federal filings and admitted carriers in every state. Most appeal and supersedeas bonds quote within hours.

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Frequently Asked Questions

I already posted the FRAP 7 cost bond. Do I still need a supersedeas bond to stop collection?
Yes. They are two different instruments that happen to both get called 'appeal bonds' in casual conversation. The FRAP 7 cost bond only guarantees you'll pay the appellee's appellate costs if you lose — it does nothing to stop the judgment creditor from garnishing wages, levying bank accounts, or recording liens while your appeal is pending. Only a supersedeas bond (or other security under the 2018-amended FRCP Rule 62(b)) triggers a stay of enforcement. If your goal is to prevent collection during the appeal, the cost bond alone will not get you there.
My court paperwork says 'undertaking' instead of 'bond' — is that the same thing?
Functionally, yes. California (Code of Civil Procedure §917.1) and New York (CPLR §5519) both use the word 'undertaking' in their statutes instead of 'bond,' but the instrument works identically: a surety company guarantees payment up to the stated amount if the appeal fails. The terminology split is historical, not legal — an undertaking in California or New York is underwritten, priced, and filed the same way a Texas or Florida 'supersedeas bond' is. When you're shopping for a quote, use whichever word your local court uses so the producer pulls the right form.
Does posting a supersedeas bond dismiss my case, or just pause collection?
It only pauses collection — the underlying judgment is untouched and remains fully enforceable the moment the appeal concludes (or the stay is lifted). Posting the bond does not concede the case, waive any argument, or affect the merits of the appeal in any way. It simply converts the appellee's right to collect immediately into a right to collect from the bond (or the appellant directly) once the appellate court rules. If you win the appeal, the bond is released and no payment is made.
I can't afford to post 150% of the judgment in cash — what are my options?
Three realistic paths. First, a surety bond: you pay an annual premium (commonly 1-4% of the bond amount) instead of the full amount in cash, though carriers may still require collateral on large or higher-risk judgments. Second, the 2018 amendment to FRCP Rule 62 replaced 'supersedeas bond' with 'bond or other security' specifically to let courts accept letters of credit, marketable securities, or partial cash deposits. Third, you can move the court for a reduced bond amount — Texas, Illinois, and several other states allow evidentiary hearings or motions showing the standard formula overstates your actual risk to the judgment creditor.
Why is my appeal bond only $500 but the supersedeas bond is $1.2 million?
Because they secure completely different obligations. The $500 figure is the FRAP 7 cost bond — it only has to cover the appellee's printing, docketing, and filing costs if you lose, which is why courts set it low (often $250-$2,500 regardless of the case size). The $1.2 million figure is the supersedeas bond, sized to the underlying judgment itself (typically 100-150% to cover principal plus interest that accrues during the appeal). Seeing both numbers on the same case file is normal — they're not a data entry error, they're two different bonds doing two different jobs.
Do I buy the cost bond and the stay bond from the same surety, or are they two separate policies?
They're typically written as two separate bond forms — different bond numbers, different premiums, sometimes different effective dates — even when you use the same surety company and the same producer. Most national sureties that write supersedeas/undertaking bonds also write the small FRAP 7 cost bonds, so bundling both through one producer is common and simplifies renewal tracking. But don't assume posting one automatically covers the other; confirm with the clerk's office exactly which bonds your case requires before you stop shopping.

Related Appeal & Court Bond Resources

Don't Pay for the Wrong Bond

Tell us the judgment amount and whether you need the cost bond, the stay bond, or both — our licensed producers will quote the exact instrument your court requires, not a generic estimate.

Call us directly: 1-844-810-BOND (2663)

Eric Drummond

Licensed Surety Producer

State Licenses:
  • Nevada: License #4222379 (Insurance Producer)

Verify licenses at your state insurance department

Specialty Areas:
Appeal and Supersedeas BondsFederal Court Bonds (Treasury Circular 570)Court and Judicial Bonds

All content is researched from official state and federal sources (.gov) and reviewed by surety bond specialists. Bonds are placed with Treasury-listed surety carriers; approval and pricing are determined by the issuing carrier.