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1. What is a Bond?
A Bond is a formal written agreement where a person agrees to do something (such as appear in court) or stop doing something (such as committing a crime). If the person doesn't comply with the agreement, he/she (or a "surety", also called a "bondsman") then forfeits the money paid for the Bond. The purpose of a Bond is to motivate the person to comply with the written agreement and to provide consequences if he/she doesn't. In most cases, a surety (bondsman) is involved and the Bond makes the surety responsible for the consequences of the person's behavior.
Cash bond: The defendant or another person can pay in cash the full amount of the bond to release the defendant from custody.
Personal Recognizance bond (PR bond): A PR bond is a signature bond that involves no money or property as long as the defendant appears at all future court dates. The defendant’s signature acts as the promise to appear in court. A judge may require additional persons to sign the bond as well, to ensure the appearance of the defendant in court.
Professional Surety Bond: A bond posted through the service of a state licensed bondsman of your choice. The bondsman may require a co-signer and/or collateral to secure the bond.
Property bond: A bond posted using the equity from real estate located in this state. The unencumbered equity must be 1.5 times the amount of the bond.
Failure to appear when on bond could result in the forfeiture of the bond, which means losing the cash, real estate or collateral that was used to secure the bond.
The type of bond that is allowed to be posted is determined by the judge when issuing a warrant. Some of the bond types listed above may not be available for every defendant.
2. Bond forms
JDF 228 – Notice and Payment for Cost of Care of Animals
This form is used when an animal is being impounded during the length of a case. The owner must pay the agency holding the animal on a monthly basis for the care of the animal. This form is completed by the court.
This form includes the following agreements:
1. I understand that it is a violation of my bond to leave Colorado without the approval of the Court and the surety and that if I am arrested in another state, I can be returned to Colorado through the extradition process.
2. I will not resist or fight any effort by any state to return me to Colorado and waive all formal extradition proceedings.
3. I understand I shall not be admitted to bail in any other state pending extradition to Colorado.
4. I agree to waive any right I may have to contest my extradition and I waive this right freely, voluntarily and intelligently.
JDF 370 – Appearance Bond
This form must be filled out to cancel a warrant or to be released from custody. The types and amounts of bonds vary greatly and will be set by a judge in the court where the case is located.
JDF 371 – Consent of Surety
A bail bondsman may agree to remain on the bond. Different situations may occur to require this form. For example, if the Defendant fails to appear for a court date or if the Defendent wishes to leave the state.
JDF 375 – Surety Request for Show Cause Hearing
This form must be filled out by the surety to request a show cause hearing. The purpose of a show cause hearing is for the surety to appear and show the Court why the bond money paid for the Defendent should not be forfeited to the Court.
Check with the Court to find out if a property bond will be accepted. See the Property Bonds section of this website for a list of documents needed to post a property bond.
- 1. What is a Bond?
- What is a Property Bond?
The following is a list of required documents and information needed to post a Property Bond. For more information, please contact the Court.
*Warranty or Quit Claim Deed, either the original or a certified copy.
*Most current paid property tax receipt.
*Current Notice of Valuation of the property by the County Assessor.
*Written letter from mortgage company (must be on company letterhead) or notarized statement from individual to whom the mortgage is owed, including a current balance (within the last six months). If the mortgage has been transferred to another lending institution, written documentation of the transfer is required.
*Evidence of Title issued by a title insurance company; must be issued within the last 35 days and must include all liens or encumbrances against the property, or a statement that there are no liens or encumbrances against the property.
*Deed of Trust naming the Clerk of Court as the beneficiary.
*Unencumbered equity must be one and one-half times the amount of the Bond. This amount is based on the value of the property minus any amount owed on the property. For example, if the Bond is $20,000, the unenumbered equity in the home must be at least $30,000.
*NOTE: $60,000.00 will be deducted from the equity of the property under the Colorado Homestead Exemption. However, the property owner(s) can sign a waiver to avoid this amount being deducted from the equity, if desired.
*All parties whose names appear on the deed as owners must be present to post a Property Bond. If a party on the deed is deceased, a death certificate is required. Appearing for someone under a power of attorney must first be approved by the Court.
*All parties must provide a valid photo ID.
*Property must be real property (no vehicles or mobile homes) and must be located in the state of Colorado.
*The Deed of Trust fee is $10.00 for the first page and $5.00 for each additional page, per § 30-1-103, C.R.S.
*The fee for a Request for Release or a Release is $26.00 for one page and $31.00 for two pages.
*There will also be a $1.00 surcharge fee per document, per §30-10-421 (b), C.R.S.
*The entire amount may be paid in cash; however, if paid by check, two checks must be written:
One payable to the Clerk and County Recorder for the recording fee (based on the number of pages) plus the $1.00 surcharge.
One payable to the Clerk of Combined Court for the Request for Release fee or the Release fee. (This fee may be higher if you are filing with the Public Trustee; check with your local court for more information).
* When the Bond is released by the Court, a Release of Deed of Trust will be mailed to the property owner via certified mail. It is the responsibility of the property owner to take it to the Public Trustee for the county in which the property is located, and request that the lien be released.
- Property Bonds