Court / Judicial
Sequestration Bond
A sequestration bond is a court bond a plaintiff files before a court will issue a writ that has the sheriff seize and hold disputed property while the case is pending.
- Required by
- State trial courts, mainly in Texas and Louisiana
- Bond amount
- Set by whoever requires the bond. We confirm it.
What this bond guarantees
The bond is payable to the defendant. It promises that the plaintiff will pursue the case and pay the damages and costs the court awards if the writ turns out to have been wrongly obtained. A defendant who wins and proves harm from the seizure can recover from the bond.
Who needs it
- Plaintiffs seeking a writ of sequestration
- Landlords and lienholders recovering property
- Lenders and sellers repossessing collateral through the courts
What the underwriter looks at
- Value of the property to be seized
- Strength of the claim
- Applicant's credit and financial statements
- Collateral offered
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
Who sets the bond amount?
The judge. In Texas, Rule 698 says no writ issues until the plaintiff files a bond in the amount fixed by the court's order. Either side can ask the court to raise or lower it.
Can the defendant get the property back?
Usually yes, by posting its own replevy bond. That is a separate bond filed by the defendant.
Is this the same as a replevin or attachment bond?
They are close cousins. Sequestration holds specific property in dispute; attachment secures a money claim; replevin returns property to the plaintiff. The name depends on the state.