§ 995.770.Return of Deposit to Principal

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 995.770 requires the deposit given instead of a bond to be returned to the principal at the earliest of three points -- substitution of a sufficient bond, the time § 995.360 provides for returning a bond, or the time set by the statute governing the specific deposit -- while the substitute bond stays liable for anything that arose while the deposit was in effect.

Full Text of § 995.770

Text sizeJump to: (a) (b) (c)

A deposit given pursuant to this article shall be returned to the principal at the earliest of the following times:

(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) The time provided by Section 995.360 for return of a bond.

Plain-English Summary

A deposit isn't meant to sit with the officer forever. This section sets three possible return dates and gives the principal the earliest one that applies. The first is substitution: if the principal later posts a sufficient bond in place of the deposit, the deposit comes back immediately -- though the substitute bond has to remain fully effective for anything that happened, or any liability that arose, while the deposit was still in effect.

The second and third dates borrow timing from elsewhere. Subdivision (b) applies the same return timeline § 995.360 sets for bonds generally -- withdrawal from the file and return to the principal on court order. Subdivision (c) applies whatever timeline the specific statute requiring the underlying bond sets for returning the deposit itself.

Because the principal gets the earliest of these three dates, a deposit can come back well before a comparable bond might have been released, if the principal is willing and able to substitute a bond sooner.

Frequently Asked Questions

When does a principal get a deposit back?

At the earliest of three points: substitution of a sufficient bond, the time § 995.360 provides for returning a bond, or the time the governing statute sets for returning the deposit.

If a bond is substituted for the deposit, does the new bond cover past events?

Yes, the substitute bond must remain in full force and effect for liabilities, acts, omissions, or causes that existed or arose while the deposit was in effect.

Can the principal choose to speed up the return of a deposit?

Effectively yes, by substituting a sufficient bond, since that triggers the earliest possible return date.

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

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