Court / Judicial
Attachment Bond
A court bond a plaintiff posts before the court will seize (attach) a defendant's property while a lawsuit is pending.
- Required by
- State trial courts issuing writs of attachment
- Bond amount
- Set by whoever requires the bond. We confirm it.
What this bond guarantees
The bond promises the defendant that the plaintiff will pay the costs and damages caused by the attachment if it turns out to be wrongful, for example if the attachment is dissolved or the plaintiff loses the case. The defendant claims on the bond for those losses, up to the bond amount. The plaintiff must repay the surety for any claim paid.
Who needs it
- Creditors suing to collect a debt who want property held during the case
- Plaintiffs whose attorneys seek a writ of attachment
What the underwriter looks at
- Plaintiff's financial strength
- Size of the claim and value of property attached
- Strength of the case as presented by counsel
- Collateral, in some cases
Requirements vary by state and by who asks for the bond. Send us the request you received and we will confirm exactly what it calls for.
Common questions
How is the bond amount set?
By state law and the court. Some states set a multiple of the claim, and others let the judge set an amount that protects the defendant. Your attorney will know the figure for your court.
Who can claim on the bond?
The defendant whose property was attached, if the attachment was wrongful or the plaintiff loses. The claim covers costs and damages up to the bond amount.