RulesofCivilProcedure.com Civil Procedure · Every State

§ 995.730.Force and Effect of Deposit

Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 7. Deposit in Lieu of Bond · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 995.730 treats a deposit given instead of a bond exactly the same as the bond itself, subjecting the deposit to identical force, effect, conditions, liability, and statutory provisions, including the rules governing increases and decreases in amount.

Full Text of § 995.730

Text size

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.

Plain-English Summary

This is the section that ties the deposit-in-lieu-of-bond option back into the rest of the Bond and Undertaking Law. Once a principal deposits cash or securities instead of giving a bond, the deposit doesn't sit in some separate legal category -- it has the same force and effect as the bond would have had, and it's treated the same way under every provision that would otherwise apply to the bond.

That equivalence runs to the details. Statutory provisions governing increases or decreases in a bond's amount apply to the deposit just as they would to the bond, and the liability the deposit secures is the same liability the bond would have secured. A beneficiary relying on a deposit gets the same protection a bond would have provided; a principal who deposited instead of bonding faces the same obligations a surety relationship would have created.

Frequently Asked Questions

Does a cash deposit provide weaker protection than an actual bond?

No, § 995.730 gives the deposit the same force and effect, conditions, and liability as the bond it replaces.

Do the statutory rules for increasing or decreasing a bond's amount apply to a deposit too?

Yes, this section applies those same provisions to the deposit.

Amendment History

Added by Stats. 1982, Ch. 998, Sec. 1.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: deposit same effect as bond californialegal effect of cash deposit instead of bond