With the present system of case bonds, there is a lack of “urgency” for the plaintiff to settle out of court for lower amounts than those they would owe based on the amount of the case bond already in force. For example: if a plaintiff were required to pay $10,000 to the case bond investor based on the contractual case bond amount, settling for less than $10,000 would not be possible. This creates a problem for the defendant and possibly even for the plaintiff’s attorney if they are considering settling for a lower amount.
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