Recently, my writ was granted and I was asked to file a bond with the court. Is there a certain form I have to fill out? Stanley Mosk Attorneys Please
Congratulations on winning the right to attach order!
Code of Civil Procedure section 489.220(a) requires an undertaking of at least $10,000. Before a writ of attachment may issue, the plaintiff must file an undertaking pursuant to CCP section 489.210 and a flat amount of $10,000 is provided for by statute. (CCP section 489.220(a).) A writ of attachment issued without the mandated bond is void.
There are two ways to post an undertaking when the court has granted your prejudgment writ of attachment.
One way is to contact a bonding company such as Bond Services Insurance Agency and Brokerage, LLC. They will fill out and provide the necessary form.
The second way is to post cash in lieu of bond. What you would do is deposit the amount of the required bond as cash with the Los Angeles Superior Court. The benefit of doing it this way is that you do not have to pay a bond premium. You can probably contact the Revenue Management Office in Room 119 of the First Floor of the Stanley Mosk Courthouse. (213) 974-5147.
Frank W. Chen is licensed to practice law in the State of California only. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Attorney Chen provides you excellent response. If you choose to post bond, have your application filled out and be prepared to pay a $200 premium for the $10,000 bond to be issued. Ask them to include all defendants (including the Doe defendants) in the surety bond.