Court / Judicial
Defendant's Injunction Bond
A defendant's injunction bond (also called a counter bond or bond to dissolve) is posted by the party who has been enjoined so the court will lift or dissolve the injunction while the case continues.
- Required by
- State and federal trial courts, by rule or court order
- Bond amount
- Set by whoever requires the bond. We confirm it.
What this bond guarantees
The bond protects the plaintiff who obtained the injunction. It promises that if the plaintiff later wins, the defendant will pay what the injunction was meant to protect, such as money collected while the injunction was lifted. A claim arises when the injunction is later made permanent or the plaintiff otherwise prevails.
Who needs it
- Defendants who want an injunction dissolved pending trial
- Parties enjoined from collecting money who want to proceed with collection
- Businesses restrained by a temporary order
What the underwriter looks at
- Amount set by the court
- Financial strength of the defendant
- Collateral offered
- Merits and posture of the case
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 this different from a plaintiff's injunction bond?
The plaintiff's bond protects the defendant if the injunction turns out to be wrong. The defendant's bond protects the plaintiff if the injunction is lifted and the plaintiff later wins.
How much is the bond?
The court sets it. In Texas, when an injunction against collecting money is dissolved, the defendant's bond is payable to the complainant in double the amount enjoined.
Is it available in every state?
Procedures differ by state. Ask your attorney whether your court allows a bond to dissolve the injunction.