Court / Judicial
Garnishment Bond
A garnishment bond is posted by a plaintiff who asks a court to garnish a defendant's wages or bank account before winning a judgment, protecting the defendant if the garnishment proves wrongful.
- Required by
- State trial courts under garnishment statutes
- Bond amount
- Set by whoever requires the bond. We confirm it.
What this bond guarantees
The bond is payable to the defendant. It promises to pay the costs, damages, and attorney's fees the defendant suffers if the plaintiff wrongly obtained the writ of garnishment. A defendant can also post a bond in some states to release a garnishment.
Who needs it
- Creditors seeking garnishment before judgment
- Plaintiffs in pending lawsuits who want funds held
- Defendants seeking to dissolve a garnishment, where allowed
What the underwriter looks at
- Amount of the debt claimed
- Credit and finances of the party posting it
- Collateral available
- Strength of the claim
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 much is the bond?
In Florida, a prejudgment garnishment bond must be at least double the debt demanded. Alabama uses a similar double-the-claim rule for garnishment in pending actions.
Do I need a bond to garnish after judgment?
Generally no. The bond is needed when garnishing before a judgment is entered.
Can the defendant post a bond to release the garnishment?
In some states, yes. Alabama, for example, lets a defendant post a bond to dissolve a garnishment.