Federally authorized surety in every U.S. court — state, federal, admiralty, administrative
MGA for Federally Authorized Surety Companies — Defendant Practice

The release of garnishment bond. Frees the funds.

A plaintiff has served a writ of garnishment on your bank, your employer, your account debtors, or another third party holding your assets. The release of garnishment bond — sometimes called a dissolution of garnishment bond — substitutes the bond for the garnishment, releasing the frozen funds back to you (or your normal payee). We write release bonds in every state that permits garnishment and in federal court under FRCP 64.

Bond Penalty
1× – 1.5× garnishmentState-specific
Authority
FRCP 64 + state law
Filing Court
Court that issued the writ
Turnaround
Same-day issuance

What a release of garnishment bond actually does.

A plaintiff has served a writ of garnishment on a third party — typically your bank, your employer, an account debtor, an escrow holder, a customer. The writ commands the garnishee to hold whatever of yours they are holding (account balances, wages, payments due) and surrender it to the court if the plaintiff prevails. The funds are frozen. Your operating business cannot meet payroll, your personal finances seize up, your customers cannot pay you because their payments are being intercepted.

The release of garnishment bond ends that immediately. The defendant posts surety equal to (typically) the amount of the garnishment. The court dissolves the writ. The garnishee resumes normal payment. The frozen funds — wages, account balances, receivables — flow normally. The underlying case continues to judgment on the same merits, but the plaintiff's pre-judgment security shifts from the specific frozen assets to the surety bond.

Mechanically the release bond plays the same role for garnishment that the dissolution bond plays for attachment and the release bond plays for mechanic's liens: alternate security. The plaintiff is not deprived of protection; the protection simply moves from the specific assets to the bond. The defendant regains control of normal cash flow and operating relationships.

The rules we underwrite to.

Garnishment is a state-law remedy that federal court adopts under FRCP 64. Each state has its own framework for both plaintiff-side garnishment and defendant-side release. Most states provide for release by bond as a matter of right; a handful require a brief showing on motion. The bond amount, the filing deadline, and the procedural requirements are state-specific.

Controlling Authorities
FRCP 64
Federal Rule of Civil Procedure 64 — seizing person or property; adoption of state garnishment remedies
15 U.S.C. §1671 et seq.
Consumer Credit Protection Act — federal limits on wage garnishment (does not directly affect release procedure but affects whether garnishment was lawful)
State garnishment statutes
Each state's garnishment and release statute controls — see the state-specific page

How a release bond gets issued.

Release of garnishment bonds are underwritten on the strength of the defendant's financial position and the size of the underlying claim. Most bonds are written same-day on standard application terms. The risk profile is moderate: the bond replaces specific frozen assets as security, but the defendant remains liable on the underlying claim, and the surety's indemnity is from the same party whose assets were frozen.

Three items start the file: the writ of garnishment itself, the plaintiff's underlying complaint, and a financial statement for the defendant principal. Where the garnishment runs against an operating business's payroll or accounts receivable, additional context on the business's cash flow and customer relationships strengthens the file.

Release of garnishment work is often urgent — payroll is in five days, the operating account is dry, customers cannot pay because their payments are being intercepted. Time-sensitive applications go directly to the live underwriting desk and we deliver PDFs for same-day filing.

Release bond questions.

How is the bond amount set?
By state statute or court order. Most jurisdictions require the bond equal to the amount of the garnishment; some require 1.25× or 1.5× that amount. For wage garnishments, the bond typically covers the amount estimated to be garnished over the projected duration of the case.
Does the bond release a continuing garnishment as well as a one-time writ?
Generally yes, where the bond is in an amount covering the projected continuing garnishment. For wage garnishments that may continue for months, the bond is sized to cover the cumulative projected garnishment over the expected duration of the case.
Can multiple garnishments be released with one bond?
Generally yes where the bond covers the aggregate garnishment amount across all writs. Some states require separate bonds for separate writs; check the state-specific page.
What if the underlying claim is for an amount greater than the garnishment?
The release bond secures only the amount of the garnishment. The plaintiff's remedy for any excess judgment is normal post-judgment collection. The bond is not a substitute for paying or securing the full claim — it is a substitute only for the specific garnishment that has been served.
What happens to the bond if the plaintiff wins?
The bond pays the plaintiff up to the bond limit. The defendant reimburses the surety under the indemnity agreement. Most defendants prefer to pay the judgment directly rather than allowing the surety to pay and seek reimbursement.
Can the bond be released if the case settles?
Yes. On settlement or dismissal, the parties stipulate to dissolve the bond. The principal coordinates the release with us; the bond obligation terminates on entry of the dissolution order.

Further reading on the Surety One blog

↗ suretyone.com/blog

Assets under garnishment?

Send the writ and the underlying complaint. Our underwriters open the file and respond immediately, 7/52/365.