Rule 99.07.Redelivery Bond--Form of.
Part III · Rule 99: Replevin · Last amended December 1, 1977 · Last verified July 22, 2026
Full Text of Rule 99.07
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977.
Official Comment
The source is prior Rule 99.04. There is a change in that prior Rule 99.04 provided that there must be at least two sureties and that the redelivery bond could only be filed before the property was delivered to plaintiff while this rule requires only one surety and provides that the redelivery bond may be filed either before or after delivery to the plaintiff.
Plain-English Summary
Once a plaintiff has the property, or is about to get it, Rule 99.07 gives the defendant a way to answer back. The defendant can file a redelivery bond — again in double the value of the property, again approved by the court, and again backed by the defendant as principal with at least one surety. The bond promises that the defendant will deliver the property to the plaintiff if the court orders that, or pay its value, along with damages for any injury, for the taking and detention, and costs.
Timing here is more flexible than it used to be. The rule allows the defendant to file the redelivery bond either before the property is taken away or after it has already gone to the plaintiff — a change from earlier practice, which only permitted filing before delivery and required at least two sureties. That flexibility matters for a defendant who didn't act fast enough to stop the initial seizure but still wants a shot at getting the property back.
What happens once the bond is filed depends on timing, and that is spelled out in Rule 99.08: file before delivery, and the defendant keeps the property; file after, and the sheriff is ordered to bring it back.
Frequently Asked Questions
Can the defendant file a redelivery bond after the property is already delivered to the plaintiff?
Yes. Rule 99.07 allows filing either before or after delivery, unlike earlier practice, which only allowed it before delivery.
How much must the redelivery bond be?
Double the value of the property, matching the amount required for the plaintiff's delivery bond under Rule 99.06.
What does the redelivery bond guarantee?
Delivery of the property to the plaintiff if ordered, or payment of its value, plus damages for injury, taking and detention, and costs.
How many sureties are needed on a redelivery bond?
One or more sufficient sureties, down from the two required under the prior rule.
Who approves the redelivery bond?
The court, the same as with the plaintiff's delivery bond under Rule 99.06.
What happens after the redelivery bond is filed?
The consequences depend on timing and are set out in Rule 99.08 — whether the defendant keeps the property or the sheriff must retrieve it.