9 C.F.R. § 201.33

Persons damaged may maintain suit; filing and notification of claims; time limitations; legal expenses

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Each bond and each bond equivalent filed pursuant to the regulations in this part shall contain provisions that:

(a) Any person damaged by failure of the principal to comply with any condition clause of the bond or bond equivalent may maintain suit to recover on the bond or bond equivalent even though such person is not a party named in the bond or bond equivalent;

(b) Any claim for recovery on the bond or bond equivalent must be filed in writing with either the surety, if any, or the trustee, if any, or the Administrator, and whichever of these parties receives such a claim shall notify the other such party or parties at the earliest practical date;

(d) The surety on the bond, or the trustee on the bond equivalent, as the case may be, shall not be liable to pay any claim if it is not filed in writing within 60 days from the date of the transaction on which the claim is based or if suit thereon is commenced less than 120 days or more than 547 days from the date of the transaction on which the claim is based;

(e) The proceeds of the bond or bond equivalent, as the case may be, shall not be used to pay fees, salaries, or expenses for legal representation of the surety or the principal.

[56 FR 2128, Jan. 22, 1991]

Notes of Decisions

Cited in 5 cases, 1960–1997 · leading case: Dockendorf v. Orner, 293 N.W.2d 395 (Neb. 1980).

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Dockendorf v. Orner, 293 N.W.2d 395 (Neb. 1980). “The second relates to the timeframe within which litigation must be commenced.”

Smeed v. Carpenter, 274 F.2d 414 (9th Cir. 1960). “33, 9 C.F.R. § 201.33 . The failure to give notice could have been raised under the Federal Rules of Civil Procedure either by motion or answer.”

Boyd Adams, D/B/A Boyd Adams Livestock Comm'n Co., & W. Cas. & Sur. Co. v. Willis Greeson, D/B/A Montgomery Cnty. Auction, 300 F.2d 555 (10th Cir. 1962). “9 C.F.R. § 201.33 . The bond executed by the defendants in each of these cases was executed pursuant to such requirement.”

Werries v. Fid. & Cas. Co. of New York, 619 F. Supp. 1085 (C.D. Ill. 1985). · cites it 4× “ISSUES The surety company fights this suit on the ground that the claims of the four sellers were not timely considered because the hearing of the Department was not a “case” or “suit” brought within the time limits set in the bond, which contained the limitations codified in 9…”

Sutton v. Hansen, 562 N.W.2d 35 (Minn. Ct. App. 1997). “9 C.F.R. § 201.33 (d) (1996). Similarly, the trust agreement signed by the bank and Dekker provides: The trustee shall not be liable to pay any claim for recovery under this agreement if it is not in writing and received by either the trustee or the Administrator within 60 days…”

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