What Is a Court Bond and How Do You Get One?

A court bond is a type of surety bond ordered by judges to guarantee obligations are met or losses are covered. Unlike bail bonds, which only secure release before trial, court bonds cover broader needs such as appeals, injunctions, property disputes, and probate matters. Courts require them when financial risks exist, and failure to obtain one can block legal actions or keep defendants in custody. To get a bond, applicants apply through a surety provider, undergo approval, pay a bond premium, and file with the court. 

When certain parties in court cases require financial protection, judges may order bonds to ensure compensation is guaranteed. However, there are several different types of court bond (a type of surety bond), and understanding which you need and how to apply for it can seem complex at first.

In this guide, we’ll take you through what you need to know about court bonds, the different types required, and how to secure them.

What Is a Court Bond?

A court surety bond, or court bond, is a financial guarantee involving 3 parties. Its purpose is either to ensure that certain obligations are carried out as expected, or that certain parties do not suffer financial loss. They are, as the name suggests, ordered by courts in specific circumstances.

The 3 parties involved in a court bond are:

• The principal (the individual or entity required to perform or guarantee the service)
• The obligee (the party protected by the bond, often the court or another party in the legal process)
• The surety (the company that issues the bond and guarantees payment if the principal fails to meet the obligation)

 

If the principal doesn’t follow a court order and causes harm, the surety pays the obligee. The principal then repays the surety for that cost. In short, the surety covers the loss, and the principal is responsible for paying it back.

Court bonds are used by various parties during legal and judicial proceedings. For example, a defendant appealing against a legal decision may need to obtain a bond so that, if their appeal fails, they can pay court costs.

Court Bond vs. Bail Bond

Court bonds are a broad category of surety bonds required in various legal matters, such as appeals, probate cases, or injunctions. Bail bonds, however, specifically deal with releasing a defendant from custody before trial. When a defendant cannot afford bail, a bail bond is used to guarantee their release and ensure they attend all required court hearings.

Types of Court Bonds

Court bonds are split into two main types: Fiduciary and judiciary bonds. The former is used to protect obligees in case principals fail to carry out their duties, and the latter helps to reduce potential financial loss after a court ruling. These types are split into sub-types, such as appeal (supersedeas), injunction/TRO, replevin/attachment, and probate bonds.

Appeal (Supersedeas) Bonds

A supersedeas or appeal bond is posted when a defendant appeals a court's decision, so that the judgment is held. If the appeal fails, the plaintiff receives full remuneration from the judgment, plus fees, backed by the bond.

Injunction/TRO Bonds

An injunction bond is sought by a plaintiff to restrict certain defendant actions. However, if the injunction fails and is declared unnecessary, the bond will compensate the defendant for financial losses. This bond acts as a security requirement for injunctions/TROs (temporary restraining orders) where obligees are at risk.

Replevin/Attachment Bonds

If a plaintiff wishes to reclaim property or attachments from a defendant, they would obtain a replevin bond. This ensures the plaintiff can seize back property, if declared legal, but protects the defendant against financial losses with compensation if the court rules their way.

Upon posting this type of bond, a court may order a writ of replevin to seize assets.

Probate Bonds (Executor, Guardian/Conservator)

Probate bonds are specifically used to ensure that executors, guardians, and conservators of deceased people’s estates act in their best interests. Should the fiduciary involved fail to act ethically or as expected (such as by committing fraud), this bond offers the estate financial compensation.

Similarly, a guardianship bond may be requested if an appointed guardian is acting in the interests of someone who cannot act for themselves, such as a child or someone who is incapacitated.

When a Court Requires a Bond

The circumstances under which courts require or demand a bond depends on specific rules and statutes, and the cases involved. Typically, a court or judge will demand that a bond is set when a plaintiff, defendant, or executor takes action where certain financial losses or damages may be incurred.

For example, a judge may require a replevin bond to be sought in response to a plaintiff attempting to seize property from a defendant.

Timeframes to obtain court bonds may vary, with specific deadlines and rules varying from state to state. Regardless, it’s crucial to respond to bond requests as soon as you receive them.

Failure to arrange and pay for court bonds may result in defendants remaining in jail, for example, bond processes being forfeited, and certain requested actions being blocked.

How Court Bonds Work

Court bond processes may vary depending on whether the case is civil or criminal. Regardless, however, the general process requires the principal obtaining a bond from a surety to protect the interests of the obligee.

When a sum is set by the court, the party that requires the bond must obtain it from a specialized surety provider, who underwrites the claim. After it is issued, the applicant pays the surety a fee, and files the bond with the court clerk.

Once accepted, if the principal involved doesn’t meet their obligations, the obligee can claim against the bond. The surety will compensate them, and the principal will then repay the surety.

With criminal court bonds (such as bail bonds), release conditions are clearly set. That means if a defendant fails to appear for court dates or flees altogether, the bond posted is forfeited.

Bond Cost, Collateral & Eligibility

The cost of a court or surety bond depends on factors such as the bond amount, the risk level of the case, the applicant’s credit history, and whether collateral is required. Typically, bond premiums range from 1% to 5% of the bond amount.

For example, an applicant with strong credit and a low-risk case might pay as little as $500 for a $50,000 bond (1%), while higher-risk cases or weaker credit profiles could pay $2,500 or more (5%)

Court and surety bond costs vary, depending on several factors, including the bond amount, the risk level of the case, and the applicant’s credit history. In some cases, collateral may also be required — especially if the situation is high-risk, such as when a defendant is considered a flight risk or an executor has poor credit.

Sureties carefully evaluate each request, considering risk, creditworthiness, and financial responsibility. While processing times vary, Lance Surety Bonds typically issues bonds within two days of receiving signed documents and payment.

How to Get a Court Bond?

To get a court bond, you need to apply for a quote with a reputable provider, complete paperwork, wait for approval, pay fees, and then provide documentation to the court.

Step 1: Apply With a Surety Provider

Once a court requests a bond to be set, you must complete an online application via a surety provider such as Lance Surety. We typically ask for details about your employment and financial history, so we can run credit and background checks to assess risk and set fees.

Step 2: Get a Bond Quote and Pay the Premium

After reviewing your application, we will provide a bond quote. Once you approve it and pay the premium, we typically issue your bond within two days, ensuring you meet the court’s requirements promptly.

Step 3: Provide Your Bond to the Court

After securing your bond, you must file it with the court clerk. This fulfills your legal obligation and allows the case to move forward with the necessary protections in place.

FAQs

Let’s close with some final questions about court bonds and how they work.

How long does it take to get an appeal or injunction bond?

Timescales for appeal and injunction bonds may vary, however, reliable, professional surety providers will usually respond, approve, and post bonds within two to three days.

Do I need collateral, and do I get it back?

You may need collateral if your case is deemed high-risk, or if your application is marked by a poor credit history. In the event of posting collateral, you can expect to get it back if all obligations in court are met. If not, your collateral may be forfeited.

Are premiums refundable? 

No, court bond premiums are generally not refundable, largely because they pay for the service provided by the surety provider or bail agent. However, there are some rare cases where they may be refunded, and it is wise to consult your surety to learn more.

Can I qualify with bad credit?

It is possible to qualify for a court bond with bad credit. However, you may be expected to pay a higher fee than usual, and may need to attach collateral if your case is deemed high risk. It’s always wise to discuss these matters with your surety provider.

 

Sources

How Much Does a Surety Bond Cost in 2025? (n.d.). Lance Surety Bonds. Retrieved September 25, 2025, from https://www.lancesuretybonds.com/learn/surety-bond-cost

Online Surety Bond Application. (n.d.). Lance Surety Bonds. Retrieved September 25, 2025, from https://www.lancesuretybonds.com/surety-bond-quote

Rateshtari, R. (2020). Writ of replevin. U.S. Marshals Service. https://www.usmarshals.gov/what-we-do/service-of-process/civil-process/writ-of-replevin

Rule 65. Injunctions and restraining orders. (n.d.). Legal Information Institute. Retrieved September 25, 2025, from https://www.law.cornell.edu/rules/frcp/rule_65

What is a bail bond and how does it work? (n.d.). Lance Surety Bonds. Retrieved September 25, 2025, from https://www.lancesuretybonds.com/blog/bail-bonds

What is a surety bond? (n.d.). Lance Surety Bonds. Retrieved September 25, 2025, from https://www.lancesuretybonds.com/learn/what-is-a-surety-bond