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HomeCivil CodeDiv. 3Pt. 4Art. 4§ 2811 Surety Deposit Agreement

§ 2811 Surety Deposit Agreement

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2811 Surety Deposit Agreement

Key Takeaways

  • •If someone has to promise to pay money or do something (like a bond), they can work with the person guaranteeing their promise (the surety) to keep that money safe in a bank or other approved place.
  • •The money or stuff can't be taken out without the surety saying it's okay in writing or a judge saying it's okay.
  • •This agreement doesn't let the person who promised or the surety off the hook—they still have to do what they promised in the bond.

Example

Imagine you get into a car crash and the court says you have to pay money if you don’t fix the problem. Your friend agrees to guarantee that you’ll pay if you don’t.

You and your friend can decide to put the money in a bank so it’s safe. You can’t take the money out unless your friend says it’s okay in writing or a judge says it’s okay. Even with this agreement, you and your friend still have to do what the court said.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2811 Surety Deposit Agreement

Any party required to give a bond undertaking or other obligation may agree with his surety for the deposit of any money and assets for which the surety is responsible with a bank, savings bank, safe deposit, or trust company authorized by law to do business as such, or other depository approved by the court or a judge thereof, if such deposit is otherwise proper, for the safekeeping of such money and assets and in such manner as to prevent the withdrawal of any or all such money and assets without the written consent of the surety, or an order of court or a judge thereof, made on such notice to the surety as the court or judge may direct. Such agreement shall not in any manner release, or change the liability of, the principal or surety as established by the terms of the bond. (Added by Stats. 1953, Ch. 37.)

Last verified: January 21, 2026

Key Terms

bond undertakingsuretydepositwritten consentcourt orderliability

Related Statutes

  • § 2807 Surety Liability On Default
  • § 2808 Surety Liability And Notice
  • § 2810 Surety Liability For Principal
  • § 1788.30 Debt Collector Liability Penalties
  • § 1804.1 Consumer Contract Prohibitions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2811.
View Official Source