(a) If a substitute surety is given, the substitute surety is subject to all the provisions of this chapter, including but not limited to the provisions governing insufficient and excessive bonds.
§ 996.130.Substitute Surety Given
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 996.130 subjects a substitute surety to every provision of this chapter, including the rules on insufficient and excessive bonds, and requires the court to order the original surety released from liability once the substitution is complete.
Full Text of § 996.130
(b) Upon the substitution of a sufficient surety, the court shall order the release of the original surety from liability on the bond.
Plain-English Summary
Once a substitute surety comes forward under § 996.120, this section treats that new surety exactly like an original one. Nothing about being a replacement exempts the substitute from this chapter's rules, including Article 10's provisions on bonds a court later finds insufficient or excessive (§§ 996.010-996.030).
The other half of the substitution follows automatically: as soon as a sufficient substitute is given, the court orders the original surety released from liability on the bond. That release, though, isn't unconditional -- § 996.150 explains that it only cuts off liability for what happens after the release, leaving the original surety answerable for anything that came before.
Frequently Asked Questions
Does a substitute surety get any special treatment under this chapter?
No. A substitute surety is subject to all the same provisions as an original surety, including the rules on insufficient and excessive bonds.
What happens to the original surety once a sufficient substitute is given?
The court orders the original surety released from liability on the bond.
Does release of the original surety wipe out liability for things that already happened?
No. Section 996.150 preserves the original surety's liability for acts, omissions, and liabilities that arose before the release.
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: substitute surety bond californiarelease of original surety after substitution