Choosing the Type of Bond

The most typical types of bonds are:

• Cash: Cash which you pay to the Court Clerk and receive a receipt for. Note, the Court will not accept your personal check for a bond.
• A bond purchased from a bonding company: This type of a bond is usually purchased from the same bonding companies that sell bail bonds.
• Certified funds: Certified funds are obtained through your financial institution, a bank, or a credit union. The bank or credit union certifies when issuing the instrument (check) that they will honor it.
• Property bond: The law requires that two persons who own real property (the same property or separate property) sign a document that places an obligation against their property in the event that the tenant wins the eviction lawsuit.
  • The two property owners may not be parties to this action and must each sign the owner's possession bond documents which will be in your papers if you select a property bond. You will need information about the value of the properties and any mortgages or liens on the property in order to respond to the property bond questions.
  • Once signed, the documents are submitted to the court for the court's approval, after which you must take them to the County Recorder's Office, record them, and provide proof to the court that you have done this. If you have chosen to post a property bond there will be a document entitled "Proof of Recording of Owners Property Possession Bond" in your papers. Attach the stamped copy of the documents you recorded at the County Recorder's Office to this proof of recording document and file it with the court.