California Bail Bonds Law: Justification of Bail

California Bail law: regulations and laws are taken from the California Penal Code (as related to bail) for justification of bail. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification please visit my online privacy policy statement.

Affidavit constituting attachment lien

Penal                      1280.1

1280.1. (a) From the time of recording an affidavit for the justification of bail, the affidavit shall constitute an attachment lien governed by Sections 488.500, 488.510 and 489.310 of the Code of Civil Procedure in the amount of the bail undertaking, until exonerated, released, or otherwise discharged. Any release of the undertaking shall be effected by an order of the court, filed with the clerk of the court, with a certified copy of the order recorded in the office of the county recorder. (b) If the bail is forfeited and summary judgment is entered, pursuant to Sections 1305 and 1306, the lien shall have the force and effect of a judgment lien, by recordation of an abstract of judgment, which, may be enforced and satisfied pursuant to Section 1306 as well as through the applicable execution process set forth in Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure.

Affidavits

Penal                      1280a

1280a. All affidavits for the justification of bail shall set forth the amount of the bail undertaking, a notice that the affidavit shall constitute a lien upon the real property described in the affidavit immediately upon the recordation of the affidavit with the county recorder pursuant to Section 1280b, and the legal description and assessor’s parcel numbers of the real estate owned by the bail, which is scheduled as showing that they each possess the qualifications provided in the preceding sections, the affidavit shall also show all encumbrances upon the real estate known to affiants and shall show the number of bonds, if any, on which each bail has qualified, within one year before the date of the affidavit, together with the amount of each such bond, the date on which, the county in which, and the name of the principal for whom each bond was executed. The affidavit shall also state the amount of each bail’s liability on bonds executed in previous years and not exonerated at the date of the execution of the affidavit and be signed and acknowledged by the owner of the real property.

Filing affidavits; certified copies

Penal                      1280b

1280b. It shall be the duty of the judge or magistrate to file with the clerk of the court, within 24 hours after presentation to him or her, all affidavits for the justification of bail, by delivering or mailing them to the clerk of the court. Certified copies of the affidavits for justification of bail involving equity in real property may upon the written order of the judge or magistrate be recorded with the county recorder.

Qualifications 

Penal               1279

1279.  The qualifications of bail are as follows; 1.Each of them must be a resident,
householder, or freeholder within the state; but the court or magistrate may refuse to
accept any person as bail who is not a resident of the county where bail is offered;2.They
must each be worth the amount specified in the undertaking, exclusive of property exempt
from execution, except that if any of the sureties is not worth the amount specified in the
undertaking, exclusive of property exempt from execution, but owns any equity in real
property, a hearing must be held before the magistrate to determine the value of such equity. 
Witnesses may be called and examined at such hearing and if the magistrate is
satisfied that the value of the equity is equal to twice the amount of the bond such surety
is justified.  In any case, the court or magistrate, on taking bail, may allow more than two
sureties to justify severally in amounts less that that expressed in the undertaking,
if the whole justification be equivalent to that of sufficient bail. 

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Updated: 03/03/2010