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MGA for Federally Authorized Surety Companies — Practice Reference

Court bond questions.

A comprehensive Q&A index covering every category of court surety bond practice — supersedeas and appeal bonds, mechanic's lien release, plaintiff cost bonds, probate and fiduciary bonds, admiralty stipulations, and the collateral and underwriting frameworks that apply across the inventory. Authoritative answers from the dedicated court bond underwriting platform of Surety One, Inc.

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Q&A coverage
All 4 categoriesPlus collateral & process
Authoritative
From founderC. Constantin Poindexter
Practice scope
Every U.S. court
Updated
May 2026
General

General Court Bond Practice questions.

What is a court surety bond?
A court surety bond is a three-party financial guarantee required by a court order or statute. The principal (the party required to post the bond) owes a duty to the obligee (the party being protected); the surety stands behind the principal's obligation with real capital, paying the obligee up to the bond limit if the principal defaults. The principal then reimburses the surety under a signed indemnity agreement.
What are the four categories of court bonds?
Appellate bonds (supersedeas, appeal, cost on appeal, admiralty stipulation for value on appeal); plaintiff bonds (TRO, preliminary injunction, attachment, replevin, garnishment, sheriff's indemnity, plaintiff cost bond); defendant bonds (counter-replevin, dissolution of attachment, release of garnishment, mechanic's lien release, interpleader); and fiduciary bonds (probate, guardianship, conservatorship, trustee, receiver, custodian).
Appellate

Appellate Bonds questions.

What is a supersedeas bond?
A supersedeas bond is the appellant's primary instrument for staying execution of a money judgment during appeal. By posting surety equal to the judgment (plus interest and, in many states, costs), the appellant stays execution while the appellate court reviews the trial-court judgment. Without the bond, the prevailing party can begin collection immediately.
Which states cap supersedeas bonds?
Texas caps at the lesser of half net worth or $25M under §52.006; Florida at $50M under §45.045; Alabama at 125% or $125M under §6-12-2; Mississippi at $100M under §11-51-79; Tennessee at $75M under §27-1-124; South Carolina at $25M under §18-9-130; North Carolina at $25M under §1-289; Ohio and Missouri at $50M for tort cases. Other states have either statutory multipliers (California 1.5×, Pennsylvania 120%) or no cap.
How fast can a supersedeas bond be issued?
Same-day for qualified files. Our underwriting desk responds within four business hours; standard placements with the required documentation (final judgment, notice of appeal, financial statement) typically issue the same business day if received before 2 PM local time at the relevant desk.
Plaintiff

Plaintiff Bonds questions.

Which states require plaintiff cost bonds?
California (CCP §1030 on motion), Colorado (CRS §13-16-101 on motion), Louisiana (RS §13:1215 on motion), Nevada (NRS 18.130, $500 cap), North Carolina (NCGS §1-109, $200 fixed), Texas (Tex. R. Civ. P. 143 on motion), and Puerto Rico (required at filing, fatal-defect consequence). Federal courts apply FRAP 7 on appeal.
Defendant

Defendant Bonds questions.

What is a mechanic's lien release bond?
A mechanic's lien release bond is a surety instrument that removes a mechanic's lien from real property. The bond is filed with the court or recorder's office in lieu of the lien; the bond transfers the lien claimant's security from the property to the bond. The bond bonds off the lien, allowing the property to be transferred, refinanced, or sold without the lien encumbering title.
What's the typical mechanic's lien release bond amount?
State-specific. Most states require 125% to 150% of the underlying lien amount to cover the lien claimant's projected costs, interest, and attorney's fees. California uses 125% under Civil Code §8424; Texas typically uses 100% to 150%; Florida uses 125% under §713.24.
Fiduciary

Fiduciary Bonds questions.

Is a probate bond always required?
No. Many wills waive the bond requirement for the named executor (a 'no bond required' clause), and most states honor that waiver. Intestate administrations virtually always require a bond. The court retains discretion to require bond despite waiver if cause is shown.
What's the difference between guardian and conservator?
In Uniform Probate Code states, a guardian is responsible for custody and personal care of the protected person; a conservator is responsible for the protected person's property. Only the conservator requires a bond. In non-UPC states, 'guardian' often covers both roles, sometimes split into 'guardian of the person' and 'guardian of the estate.'
Underwriting

Underwriting & Collateral questions.

What forms of collateral does the surety accept?
Three forms: cash (preferred, wired to surety custody), irrevocable letter of credit (ICC UCP 600 form, investment-grade U.S. bank), and U.S. Treasury securities (for bonds over $5M penalty, CUSIP'd to the surety's custody). We do not accept real property, tangible personal property, UCC filings, or assignments — none meet the liquidity requirement for surety collateral.
Does every bond require collateral?
No. Most court bonds in our practice are uncollateralized. Collateral becomes part of the placement when the bond class is collateral-typical (supersedeas, mechanic's lien release, financial guarantee) or when the principal's financial profile requires it. Plaintiff, defendant, and fiduciary bonds are routinely written without collateral for principals who qualify on financial strength.
Process

Application Process & Issuance questions.

How long does it take to get a court bond issued?
Standard placements with strong credit and clean documentation issue same-day to next-business-day. Tier-two placements take one to three business days. Non-standard placements requiring underwriting review of difficult credit or contested matters typically resolve within three to five business days. Emergency time-sensitive matters (TROs, vessel arrest, court-set deadlines) can be expedited.
What documents do you need to start a court bond application?
The controlling document for the bond requirement — judgment, motion, court order, recorded lien, appointing letters — plus a brief financial statement scaled to the bond size. Under $250K typically requires a one-page personal financial statement; larger bonds require business financials and tax returns; audited financials may be required for non-collateralized placement at scale.
How do you authenticate executed court bonds?
CourtBondSurety.com authenticates all court bonds with a proprietary hologramming tool that no other surety offers. Executed bonds are delivered in PDF for direct e-filing the same business day; original hard-copies may be couriered to counsel.

Don't see your question?

Our underwriting desk responds to specific case questions the same business day. Email underwriting@SuretyOne.com or call (800) 373-2804.

Start an application → Call (800) 373-2804