In California, the bonds a court requires during a lawsuit are called undertakings. They protect the opposing party if a court order you obtained — or a judgment you are appealing — later turns out to be wrong. Unlike probate bonds, which guarantee that someone will manage an estate honestly, civil court bonds cover litigation risk. They are purchased by plaintiffs, defendants, and their attorneys, and almost always on a deadline.
Types of Civil Court Bonds in California
Appeal Bond (Stay of Enforcement)
Filing an appeal does not, by itself, stop the winning party from collecting a money judgment. To stay enforcement while the appeal is pending, the appellant posts an undertaking under Code of Civil Procedure § 917.1. When the bond is written by an admitted surety insurer, the required amount is one and one-half times the judgment. If individual sureties are used instead, it must be double the judgment.
Example: $200,000 Judgment
With an admitted surety insurer, the appeal bond is $300,000. With individual sureties, it would be $400,000. Using an admitted surety lowers the bond amount — and the premium and collateral that go with it.
Attachment Bond
A plaintiff who wants a writ of attachment — securing the defendant's property before judgment — must post an undertaking. Under CCP § 489.220 the standard amount is $10,000, and the court can raise it if the defendant shows that probable damages from a wrongful attachment would be higher.
Injunction Bond
When a court grants an injunction, CCP § 529 requires the applicant to post an undertaking covering the enjoined party's damages if the injunction proves wrongful. The judge sets the amount case by case, based on the harm the injunction could cause.
Claim and Delivery (Writ of Possession) Bond
To recover specific personal property — equipment, vehicles, inventory — before trial, the plaintiff files an undertaking of not less than twice the value of the defendant's interest in the property (CCP § 515.010).
Mechanic's Lien Release Bond
A property owner or contractor can remove a recorded mechanic's lien from title by recording a release bond equal to 125% of the lien claim (Civil Code § 8424). The lien then attaches to the bond instead of the property — often what's needed to close a sale or refinance on schedule.
Other Judicial Undertakings
- Release of attachment bond — lets a defendant free attached property by posting a bond in its place
- Counter-bonds and statutory undertakings — required in specific proceedings when a court order or statute calls for one
What a Civil Court Bond Costs
You pay a premium that is a percentage of the bond amount — not the full amount. For appeal bonds and other large undertakings, the surety underwrites the financial strength of the party posting the bond, and collateral is often required because the surety's exposure is the judgment itself. Smaller statutory bonds, such as the standard $10,000 attachment undertaking, are usually straightforward to place.
How to Get a Civil Court Bond
- Send us the court order or judgment, the bond amount, and your filing deadline.
- Complete a short application — we'll tell you right away what financials or collateral the surety will need.
- Get approved and pay your premium.
- Receive the executed bond, ready to file with the court.
Why Advanced Surety?
Civil court bonds run on court deadlines, and attorneys need a bond that's right the first time — correct caption, correct amount, correct statutory form. We place judicial bonds with A-rated, admitted surety insurers experienced in litigation undertakings, and we move fast. For estate-related bonds such as executor, guardianship, or conservatorship bonds, see our court & probate bonds page.