Section § 995.710

Explanation

This law allows you to deposit money or other financial instruments instead of giving a bond in certain situations, with some limits. You can use cash, cashier’s checks, government bonds, certificates of deposit, savings accounts, and other financial products. These deposits must at least equal what a bond would cover. You need to have an agreement that lets an officer manage your deposit to cover any debts you owe. The officer might set some rules for how this works. However, these rules don’t apply if you’re dealing with the Secretary of State.

(a)CA Civil Procedure Code § 995.710(a) Except as provided in subdivision (e) or to the extent the statute providing for a bond precludes a deposit in lieu of bond or limits the form of deposit, the principal may, without prior court approval, instead of giving a bond, deposit with the officer any of the following:
(1)CA Civil Procedure Code § 995.710(a)(1) Lawful money of the United States or a cashier’s check, made payable to the officer, issued by a bank, savings association, or credit union authorized to do business in this state. The money shall be held in trust by the officer in interest-bearing deposit or share accounts.
(2)CA Civil Procedure Code § 995.710(a)(2) Bonds or notes, including bearer bonds and bearer notes, of the United States or the State of California. The deposit of a bond or note pursuant to this section shall be accomplished by filing with the court, and serving upon all parties and the appropriate officer of the bank holding the bond or note, instructions executed by the person or entity holding title to the bond or note that the treasurer of the county where the judgment was entered is the custodian of that account for the purpose of staying enforcement of the judgment, and that the title holder assigns to the treasurer the right to collect, sell, or otherwise apply the bond or note to enforce the judgment debtor’s liability pursuant to Section 995.760.
(3)CA Civil Procedure Code § 995.710(a)(3) Certificates of deposit payable to the officer, not exceeding the federally insured amount, issued by banks or savings associations authorized to do business in this state and insured by the Federal Deposit Insurance Corporation.
(4)CA Civil Procedure Code § 995.710(a)(4) Savings accounts assigned to the officer, not exceeding the federally insured amount, together with evidence of the deposit in the savings accounts with banks authorized to do business in this state and insured by the Federal Deposit Insurance Corporation.
(5)CA Civil Procedure Code § 995.710(a)(5) Investment certificates or share accounts assigned to the officer, not exceeding the federally insured amount, issued by savings associations authorized to do business in this state and insured by the Federal Deposit Insurance Corporation.
(6)CA Civil Procedure Code § 995.710(a)(6) Share certificates payable to the officer, not exceeding the guaranteed or insured amount, issued by a credit union, as defined in Section 14002 of the Financial Code, whose share accounts are insured by the National Credit Union Administration or guaranteed or insured by any other agency that the Commissioner of Financial Protection and Innovation has not deemed to be unsatisfactory.
(b)CA Civil Procedure Code § 995.710(b) The deposit shall be in an amount or have a face value, or, in the case of bonds or notes, have a market value, equal to or in excess of the amount that would be required to be secured by the bond if the bond were given by an admitted surety insurer. Notwithstanding any other provision of this chapter, in the case of a deposit of bonds or notes other than in an action or proceeding, the officer may, in the officer’s discretion, require that the amount of the deposit be determined not by the market value of the bonds or notes but by a formula based on the principal amount of the bonds or notes.
(c)CA Civil Procedure Code § 995.710(c) The deposit shall be accompanied by an agreement executed by the principal authorizing the officer to collect, sell, or otherwise apply the deposit to enforce the liability of the principal on the deposit. The agreement shall include the address at which the principal may be served with notices, papers, and other documents under this chapter.
(d)CA Civil Procedure Code § 995.710(d) The officer may prescribe terms and conditions to implement this section.
(e)CA Civil Procedure Code § 995.710(e) This section does not apply to deposits with the Secretary of State.

Section § 995.720

Explanation

This law explains how to determine the market value of bonds or notes used in legal actions. If the parties involved can’t agree on the value, they can ask the court to decide. The process involves filing an application with the court, and it must include details about the bonds and their current market value. The court will then hold a hearing within 5 to 10 days to decide the value, based on evidence presented by both parties if there's a disagreement. Finally, the court will order the specific amount to be deposited.

(a)CA Civil Procedure Code § 995.720(a) The market value of bonds or notes, including bearer bonds and bearer notes, shall be agreed upon by stipulation of the principal and beneficiary or, if the bonds or notes are given in an action or proceeding and the principal and beneficiary are unable to agree, the market value shall be determined by court order in the manner prescribed in this section. A certified copy of the stipulation or court order shall be delivered to the officer at the time of the deposit of the bonds or notes.
(b)CA Civil Procedure Code § 995.720(b) If the bonds or notes are given in an action or proceeding, the principal may file a written application with the court to determine the market value of the bonds or notes. The application shall be served upon the beneficiary and proof of service shall be filed with the application. The application shall contain all of the following:
(1)CA Civil Procedure Code § 995.720(b)(1) A specific description of the bonds or notes.
(2)CA Civil Procedure Code § 995.720(b)(2) A statement of the current market value of the bonds or notes as of the date of the filing of the application.
(3)CA Civil Procedure Code § 995.720(b)(3) A statement of the amount of the bonds or notes that the principal believes would be equal to the required amount of the deposit.
(c)CA Civil Procedure Code § 995.720(c) The application pursuant to subdivision (b) shall be heard by the court not less than five days or more than 10 days after service of the application. If at the time of the hearing no objection is made to the current market value of the bonds or notes alleged in the application, the court shall fix the amount of the bonds or notes on the basis of the market value alleged in the application. If the beneficiary contends that the current market value of the bonds or notes is less than alleged in the application, the principal shall offer evidence in support of the application, and the beneficiary may offer evidence in opposition. At the conclusion of the hearing, the court shall make an order determining the market value of the bonds or notes and shall fix and determine the amount of the bonds or notes to be deposited by the principal.

Section § 995.730

Explanation

If you make a deposit instead of providing a bond, it works exactly the same way as a bond. This means it follows the same rules, conditions, and responsibilities as a bond does, including how much you can increase or decrease the amount.

A deposit given instead of a bond has the same force and effect, is treated the same, and is subject to the same conditions, liability, and statutory provisions, including provisions for increase and decrease of amount, as the bond.

Section § 995.740

Explanation

If nobody is trying to collect on a debt from the main person responsible for a financial deposit, the officer managing the deposit must: (a) pay any interest that the deposit earns every three months, if the principal asks for it; and (b) give the principal any interest coupons from bonds or notes as they become payable, or pay the annual interest on these bonds or notes when the principal asks for it.

If no proceedings are pending to enforce the liability of the principal on the deposit, the officer shall:
(a)CA Civil Procedure Code § 995.740(a) Pay quarterly, on demand, any interest on the deposit, when earned in accordance with the terms of the account or certificate, to the principal.
(b)CA Civil Procedure Code § 995.740(b) Deliver to the principal, on demand, any interest coupons attached to bonds or notes, including bearer bonds and bearer notes, as the interest coupons become due and payable, or pay annually any interest payable on the bonds or notes.

Section § 995.750

Explanation

This section outlines when a person (referred to as the 'principal') must pay money if they owe it due to a court judgment. If there is a liability, they have 30 days to pay after the judgment is finalized. If the case was appealed, they have 30 days to pay after receiving the official document (remittitur) from the appellate court, including any damages and costs from the appeal.

(a)CA Civil Procedure Code § 995.750(a) The principal shall pay the amount of the liability on the deposit within 30 days after the date on which the judgment of liability becomes final.
(b)CA Civil Procedure Code § 995.750(b) If the deposit was given to stay enforcement of a judgment on appeal, the principal shall pay the amount of the liability on the deposit, including damages and costs awarded against the principal on appeal, within 30 days after the filing of the remittitur from the appellate court in the court from which the appeal is taken.

Section § 995.760

Explanation

This law explains what happens if someone doesn't pay a debt they're responsible for within a certain time. If they don't pay, their deposit (like money or securities) can be taken by court order to cover the debt. If there are bonds or notes without a clear market price, they'll be sold at a public auction. If they have a market price, they can be sold privately but not for less than the market value. The money from the sale goes first to cover costs, then to pay off the debt, and any leftover goes back to the person who made the deposit.

(a)CA Civil Procedure Code § 995.760(a) If the principal does not pay the amount of the liability on the deposit within the time prescribed in Section 995.750, the deposit shall be collected, sold, or otherwise applied to the liability upon order of the court that entered the judgment of liability, made upon five days’ notice to the parties.
(b)CA Civil Procedure Code § 995.760(b) Bonds or notes, including bearer bonds and bearer notes, without a prevailing market price shall be sold at public auction. Notice of sale shall be served on the principal. Bonds or notes having a prevailing market price may be sold at private sale at a price not lower than the prevailing market price.
(c)CA Civil Procedure Code § 995.760(c) The deposit shall be distributed in the following order:
(1)CA Civil Procedure Code § 995.760(c)(1) First, to pay the cost of collection, sale, or other application of the deposit.
(2)CA Civil Procedure Code § 995.760(c)(2) Second, to pay the judgment of liability of the principal on the deposit.
(3)CA Civil Procedure Code § 995.760(c)(3) Third, the remainder, if any, shall be returned to the principal.

Section § 995.770

Explanation

This law section explains when a deposit made under this article should be returned to the person who made it. The deposit must be returned when: (a) a sufficient bond is put in its place covering all liabilities during the time the deposit was held; (b) the deadline specified by another section for returning a bond is reached; or (c) as outlined by another law for returning the deposit.

A deposit given pursuant to this article shall be returned to the principal at the earliest of the following times:
(a)CA Civil Procedure Code § 995.770(a) Upon substitution of a sufficient bond for the deposit. The bond shall be in full force and effect for all liabilities incurred, and for acts, omissions, or causes existing or which arose, during the period the deposit was in effect.
(b)CA Civil Procedure Code § 995.770(b) The time provided by Section 995.360 for return of a bond.
(c)CA Civil Procedure Code § 995.770(c) The time provided by statute for return of the deposit.