Step by Step Guide

Step 1 - Obtain the Surety Bond & Oath of Office

Visit the front office, call, email and/or send a certified FOIA request letter.

Tips and Tricks for Obtaining a Surety Bond

  1. Recommended: Most bondholders are required by the state to keep a book for their seal and certified copies of the policy.  Write a letter to the public official requesting a copy of the Bond.  State the revised code that informs the public officers of his duties to supply you with the certified copy.  Then send your FOIA request via email or certified mail.
  2. Call the Treasurer and find out who the bond company is – then Contact the bond company and request a copy of the policy.
  3. Send a request letter via their online form – many organizations have a contact form you can fill out to request the bond online.
  4. Get a copy of the bond at the probate office, which is where they’re kept according to many state laws.

  5. Contact the Sheriff and ask him to go down to the district office with you – if he won’t help, try to go after his bond, once you have it, demand that he help you.
  6. Ask constitutional sheriffs who they are bonded with and then call the company and request the bonds for every sheriff in your state. Sheriffs are MORE POWERFUL than you think. They have complete jurisdiction over your county, even over the Police Departments.
  7. Call the State Board of Education and tell them you want to start a new school, ask them if you need to be licensed, bonded and insured and get the list of companies you can use to set that up. Then call each company and request the bonds under FOIA for every district.
  8. Start a group in your state in order to share paperwork and strategies. These companies are experts at playing cat and mouse. If you don’t ask for this information with specific language they feel they are not violating the law by denying your request. But once you find a strategy and verbiage that works it’s likely to work throughout your state.
  9. Some bonds are burred in insurance policies, If you get the policy, look for a section called the “ACORD” – this often lists who is covered in the policy.  If you don’t know how to read it contact us via our website and we will help

If they say they don't have a bond....

If the individual says they don’t carry a bond they are usually under a blanket policy or they have a liability policy and they don’t know that there is a section within it that references their bond so ask again for their “liability policy”.

Most states are laid out in zones, if your public official is bonded under a blanket policy, it’s usually based on the zone they are in.  Check out our reference guide.

If they don't have a certified copy of their oath of office...

It might shock you but we have found that MANY elected and appointed officials have never signed an oath of office and they have never been sworn in.  

If this is the case call your sheriff and have them removed from office immediately.  Look up the laws in your state – know your rights and know the laws.

Step 2 - Draft a Letter of Intent & Serve them Papers

Once you obtain the certified copy of the bond it’s time to write your letter of intent to file a claim.  

It is required that you serve the elected or appointed government official in person and give them time to resolve the problem. 

Your letter of intent should include the following:

  1. The individual who is being served
  2. The notifying party
  3. A list of state, federal and/or international violations along with descriptions for each
  4. A list of demands in order to resolve the situation
  5. A timeline for demands to be met before a claim will be filed

... If they do NOT correct the problem.

Step 3 - File a claim against their surety bond

If your demands are not met within the timeline allowed, you will now file the claim against the bondholder.

It is sad that it must come to this but the next step is to:
  1. Talk with the surety bond company and ask about the rules for filing against a Public Official Surety Bond.
  2. Each Surety Bond Company is different, follow the instructions the Surety Bond Company gives you.
  3. List the revised codes the public office has violated.
  4. List the injuries that your or your family member have received.
  5. Establish an expectation for timelines and deliverables

After the claim is filed, they might try to negotiate – this can speed up the process but be FIRM, don’t give up your rights nor the rights of your children!