CSBA - Commercial Surety Bond Agency

- About Us
- CSBA Court Bond Team
  - Arturo Ayala
  - Andrew Waterbury

Many court proceedings require a bond in order to protect against financial loss for another party. Generally, a court bond refers to any surety bond or undertaking ordered by a court. There are many types of bonds with different underwriting criteria, and we’ve divided them below for your reference by those required in civil proceedings and those required in probate matters.

Please note that the list is not comprehensive. We’ve only listed the most common types of court bonds, but we can provide any surety bond or undertaking required by the courts for civil or probate cases.

Plaintiff Bonds	California Code of Civil Procedure (CCP)	Description
Attachment	489.21	A legal proceeding to seize a defendant's property to ensure payment of a judgment rendered in favor of the plaintiff. It guarantees indemnity to the defendant against loss or damage of property if the plaintiff loses the case. It also protects the plaintiff who wins the case but cannot otherwise recover the judgment from the defendant. Bond requirement is usually $10K, but can be increased by the court.
Stop Notice	3083	The stop notice bond guarantees to the owner, original contractor or construction lender if they suffer damages as a result of the stop notice claim. Stop notice bonds are usually issued at 125% of the stop notice amount
TPO (Temporary Protective Order)	489.21	A temporary protective order may prohibit a transfer by the defendant of any of the defendant's property in this state. Upon the filing of an undertaking, the court shall issue a temporary protective order, which shall state the amount sought to be secured by the attachment under the application for the right to attach order.
Writ of Possession /Claim/Replevin	515.01	The undertaking shall provide that the sureties are bound to the defendant for the return of the property to the defendant, if return of the property is ordered, and for the payment to the defendant of any sum recovered against the plaintiff.The undertaking shall be in an amount not less than twice the value of the defendant's interest in the property or in a greater amount determined by the court.
TRO(Temporary Restraining Order)	515.01	A temporary restraining order is required by court proceedings to ensure principal is protected from financial loss due to the decision of the proceeding. Allows the principal to stop defendant from starting and/or completing an act. The undertaking shall be in an amount not less than twice the value of the defendant's interest in the property or in a greater amount determined by the court.
Preliminary Injunction	529	Is an order to stop someone from doing something or not doing something. The bond indemnifies the defendant against loss if it is decided that the injunction should not have been granted.
Court Costs/ Non-Resident	1030	Costs bonds are generally required of any plaintiff who does not maintain an office or if they are a non-resident of the state. The court determines whether the bond is required, as well as the amount.

Defendant Bonds	California Code of Civil Procedure (CCP)	Description
Appeal	917.1	An appeal bond is required whenever a court decision has been issued against the defendant and the defendant wishes to appeal the decision to a higher court. The defendant is able to suspend the court decision until the defendant's appeal has been affirmed or denied by the appellate court. The bond shall be in an amount not less than 150% of the judgment amount. The bond guarantees that the judgment will be paid if the appeal fails.
Expunge LIS Pendens	405.33	At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the affected real property, may apply to the court in which the action is pending to expunge the notice. The court may issue an expungement order conditioned upon receiving an undertaking in a set amount.
Release of Attachment	489.31	Obtained by the defendant to discharge an attachment, which guarantees for the payment of any judgment that may be rendered against him/her in the action, with interest and costs.
Release of Lien	3143	A mechanic's lien is not an agreement/contract between parties, but rather a lien upon real estate which the plaintiff seeks to take by force of law and eventually to foreclose. A release of lien bond will discharge the lien and allow the owner of the property the legal right to sell/refinance the property. The bond guarantees to the claimant of the lien any payment that is still due to them with interest and cost.
Release of Stop Notice	3171, 3196	If the original contractor/subcontractor disputes the stop notice, they may file a bond executed by a corporate surety, in an amount equal to 125 percent of the claim stated in the stop notice.
Re-Delivery	515.02	This bond guarantees payment of a judgment to plaintiff, as it prevents plaintiff from taking possession of property and/or allows defendant to regain possession of property.

Probate/ Fiduciary Bonds	California Code of Civil Procedure (CCP)	Description
Administrator or Executor	8480	An executor is appointed in a will. An administrator is appointed by the court because the individual died without a will. Each are appointed upon the death of an individual to settle the estate, distribute the assets and pay any taxes, liens or debts. The bond amount will always be determined by the court and stated in the "Order for Probate".
Conservator or Guardian	2320	Usually a long-term obligation. A fiduciary is appointed to handle the asses of an incompetent person or minor.
Custodian	3918	Similar to a Guardian bond. It is a guarantee that the Custodian will perform his or her fiduciary responsibilities towards the beneficiary
Trustee	15602	Appointed to manage funds held in trust for a minor or beneficiary.
Receiver	566, 567	A receiver may be appointed in which an action or proceeding is pending, or after judgement to carry the judment into effect.
Preliminary Distribution	11622	If the court orders distribution, they may condition it upon the distributee filing a bond in the amount of the distribution.

877.810.5525
CA License No. 0680930