Attachment Bond (Writ of Attachment)
An attachment bond is the plaintiff's bond that pays the defendant if an attachment turns out to be wrongful. The court sets the amount or checks the one the statute requires. Enter that amount in the form and we will return a quote. Browse all court bonds.
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All content is researched from official state and federal sources (.gov). BuySuretyBonds.com works with Treasury-listed surety carriers.
What an attachment bond guarantees
A writ of attachment lets a plaintiff ask the court to hold a defendant's property while the case is pending. The defendant loses use of that property before the court has decided who is right. The court therefore requires the plaintiff to post a bond, often called an attachment undertaking, first.
The bond is a promise made on the plaintiff's behalf. If the attachment is later found to be wrongful, the surety stands behind the plaintiff's duty to pay the defendant's covered losses, up to the bond amount. The exact wording, and what counts as covered loss, comes from the state statute and the court's order.
- Principal: the plaintiff who requests the attachment and buys the bond.
- Obligee: named by the statute or court order, usually the defendant (sometimes the court).
- Surety: the company that issues the bond and guarantees payment.
If the surety ever pays a valid claim, the plaintiff must reimburse it. The bond is not insurance for the plaintiff.
You may also see related terms: prejudgment attachment bond, writ of attachment bond, and in some states a garnishment bond. Whether a state uses a separate garnishment bond, and what it must say, varies by state. Check your court's order and local rules, and send us the wording when you apply.
How the amount is set, by example
We do not choose the amount. The statute, the court, or both set it. These examples show the range.
| Court | Rule | Amount |
|---|---|---|
| California | CCP 489.220 | $10,000 unless the court raises it to the probable recovery for wrongful attachment. A defendant can ask for a larger amount. |
| New York | CPLR 6212(b) | Fixed by the court, in a total amount of not less than $500. |
| Texas | Civ. Prac. & Rem. Code ch. 61 | Fixed by the court. Use the amount in your writ order. |
| Federal courts | FRCP 64 | Generally the law of the state where the federal court sits, unless a federal statute applies. |
In California, if the judge agrees to a larger amount, the bond you post must match the higher figure. See California surety bonds for other California bond types.
Takeaway: the number on your court order is the number you bond. If you do not yet have an order, use the amount in your motion or the statute for your state. Tell us which one you are using when you apply.
Sources: CCP 489.220, CPLR 6212, Tex. Civ. Prac. & Rem. Code ch. 61, FRCP 64 (rules as of Sep 30, 2026).
Attachment vs injunction vs replevin
All three are prejudgment court actions that can require a plaintiff bond. They do different jobs.
| Attachment | Injunction | Replevin | |
|---|---|---|---|
| What the court does | Holds the defendant’s property while the case is pending | Orders a party to do something or stop doing it | Returns specific personal property to the plaintiff |
| Typical purpose | Secures a possible money judgment | Preserves the status quo or prevents harm | Recovers identifiable goods |
| Who the bond protects | Defendant, if the attachment is wrongful | Party restrained, if the order is wrongful | Defendant, if possession is wrongly taken |
| Where to go | This page | Injunction bond | Replevin bonds |
If a sheriff or marshal will carry out the seizure and asks for protection before acting, see indemnity to sheriff bonds. If you are appealing a judgment rather than securing a claim before judgment, see appeal bonds. Court-appointed receiver and trustee bonds are covered on their own pages.
What to have ready
- The court order or motion. It states that a bond is required, and often the amount.
- The bond amount. Enter it first on the form.
- The case number and court name.
- The plaintiff's name, as it appears on the filing (individual or business).
- Any bond form the court supplies. Send it to us so the bond matches the court's wording.
- Filing deadline. Tell us if the court set one.
Cost (estimate only)
The price of an attachment bond is a premium, paid to the surety. It is an estimate until the surety approves your application. It depends on the bond amount, the plaintiff's credit and financial strength, the surety that writes the bond, and the state and court.
The premium is typically a small percentage of the bond amount per year; the carrier sets the final price.
For larger bonds a surety may ask for collateral. You pay when your bond is issued. Enter your amount above for an estimate, or call us.
Frequently asked questions
What is an attachment bond?
It is a court bond a plaintiff posts before a writ of attachment issues. If the attachment is found to be wrongful, the bond backs the plaintiff’s obligation to pay the defendant’s covered losses, up to the bond amount.
Who sets the amount of an attachment bond?
The statute or the court. In California the default is $10,000 under CCP 489.220, but a judge can raise it. In New York the court fixes it, at not less than $500 in total (CPLR 6212(b)). In Texas the court fixes the amount. Use the figure on your order.
Is a writ of attachment bond the same as a garnishment bond?
They are related, because both secure a plaintiff’s request to hold a defendant’s assets before judgment. Some states use a separate garnishment bond with its own wording. Send us your court’s form or order and we will confirm what is needed.
Do federal courts require a different bond?
Usually not. FRCP 64 points federal courts to the law of the state where the court sits for remedies like attachment, so that state’s bond rules generally apply, unless a federal statute applies. Your order still controls the amount.
When do I pay?
You pay only when your bond is issued.
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Sources (rules as of Sep 30, 2026)
- California Code of Civil Procedure 489.220
- New York CPLR 6212
- Texas Civil Practice and Remedies Code ch. 61
- Federal Rule of Civil Procedure 64
Rules as of Sep 30, 2026. This page is general information, not legal advice. Follow your court’s order and local rules.