Injunction & Attachment Bonds
When you ask a court for an injunction or to attach someone's property, the judge will almost always require you to post a bond. It protects the other side if the court later decides your order was wrongful. Bond amounts are typically 100% of potential damages, with premiums running 2-5%.
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What Are Injunction Bonds?
An injunction bond protects the defendant when a court issues an injunction (a court order that forces someone to do something or stops them from doing something). The plaintiff posts the bond to guarantee that if the injunction turns out to be wrongful, the defendant can recover damages from the bond.
Federal Rule of Civil Procedure 65(c) requires the plaintiff to provide security "in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." Most state courts have similar rules.
TRO Bonds
Posted when the court issues a temporary restraining order - an emergency measure that lasts up to 14 days under federal rules (Rule 65(b)).
- Issued ex parte (without the other side present)
- Short duration, but bond still required
- Often needed within hours of the ruling
Preliminary Injunction Bonds
Posted after a hearing where both sides present arguments. Lasts until the case is resolved at trial or settlement.
- Larger bond amounts (longer exposure)
- Both parties have been heard by the court
- May remain in effect for months or years
What Are Attachment Bonds?
An attachment bond secures property pending the outcome of a lawsuit. When you believe the other party might hide, sell, or destroy assets before a judgment can be collected, you ask the court for a writ of attachment. The court freezes specific property - bank accounts, real estate, vehicles, inventory - and requires you to post a bond to protect the property owner if the attachment was wrongful.
Bond Amount = Property Value
Attachment bond amounts typically equal the full value of the property being seized or frozen. If you are attaching a $300,000 bank account and $200,000 in inventory, expect a bond amount of $500,000. Your premium on that bond at 3% would be $15,000.
When Courts Require These Bonds
Cost: 2-5% of Bond Amount
Injunction and attachment bonds carry the highest premiums of any court bond type. The reason is straightforward: there is active litigation, someone is being restrained or having their property seized, and there is a real chance the surety will have to pay a claim.
Pricing Examples
For a detailed breakdown of how all court bond types are priced, see our court bond cost guide.
How to Get One Fast
Courts often need injunction bonds posted within 24-48 hours. Here is how to avoid delays:
Call before the hearing
Let your surety know a bond may be needed. They can pre-underwrite your application so the bond is ready to issue the moment the judge signs the order.
Have financials ready
Personal financial statement, business financials, and the court order (or draft order). Missing documents are the number one cause of delays.
Expect collateral on large bonds
For bonds over $100,000, the surety will likely require collateral. Have access to cash, a letter of credit, or other liquid assets.
Use a surety that specializes in court bonds
General sureties may not have the expertise or appetite for litigation bonds. Court bond specialists can move faster and handle the risk.
Frequently Asked Questions
Common questions about injunction and attachment bonds
What is the difference between a TRO bond and a preliminary injunction bond?
A TRO (temporary restraining order) bond is posted when the court issues an emergency order before a full hearing - typically lasting 14 days under federal rules. A preliminary injunction bond covers the period after a hearing but before trial. Both protect the defendant if the court later finds the order was wrongfully issued. TRO bonds are often smaller because the exposure period is shorter, but the premium rate is similar.
How is the bond amount determined for an injunction bond?
The judge sets the bond amount based on the estimated damages the defendant could suffer if the injunction was wrongfully issued. This usually equals 100% of the defendant's potential losses during the injunction period. On a case where the defendant might lose $500,000 in revenue from a wrongful injunction, the judge could set the bond at $500,000. Some judges set lower amounts if they believe the plaintiff is likely to prevail.
Can I get an injunction bond within 24 hours?
Yes. Courts frequently issue injunction orders on an emergency basis, and surety companies that specialize in court bonds offer same-day and next-day service. You will pay a rush fee of $100-$500 on top of the standard premium. Have your financial information ready - the surety still needs to underwrite the bond, and incomplete paperwork is the most common cause of delays.
What happens if the injunction is dissolved?
When the court dissolves the injunction, the bond remains in effect until the defendant's right to claim on it expires. The defendant has a set period (varies by jurisdiction) to file a claim for damages suffered during the injunction. If no claim is filed, the surety releases the bond. If the defendant does file a claim and wins, the surety pays the damages up to the bond amount, then comes after you for reimbursement.
Do I need collateral for an injunction bond?
It depends on the bond amount and your financial profile. For bonds under $50,000, strong credit (700+) may be enough. For larger bonds - especially $250,000 or more - expect the surety to require collateral. This could be cash, a letter of credit, or other liquid assets, often 50-100% of the bond amount. The active litigation risk makes sureties more cautious than with other court bonds.
What is an attachment bond and when do I need one?
An attachment bond secures property (real estate, bank accounts, vehicles, inventory) pending the outcome of a lawsuit. You need one when you ask a court to freeze or seize a defendant's assets before trial to prevent them from hiding or disposing of those assets. The bond protects the property owner if the court later decides the attachment was wrongful. Bond amounts typically equal the value of the property being attached.
Related Court Bonds
Other bonds required in legal proceedings
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