(a) The liability on a bond may be enforced by civil action. Both the principal and the sureties shall be joined as parties to the action.
§ 996.430.Enforced By Civil Action; Principal and Sureties Joined As Parties; Venue; Transfer Or Assignment of Action
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 14. Liability of Principal and Sureties · Last amended 1998 · Last verified July 28, 2026
In one sentenceSection 996.430 lets a beneficiary enforce bond liability through an ordinary civil action naming both the principal and the sureties, filed in the court where an underlying action or proceeding is pending or, for other bonds, in any court of competent jurisdiction based on the damages claimed, and allows that cause of action to be transferred or assigned like any other.
Full Text of § 996.430
(b) If the bond was given in an action or proceeding, the action shall be commenced in the court in which the action or proceeding was pending. If the bond was given other than in an action or proceeding, the action shall be commenced in any court of competent jurisdiction, and the amount of damage claimed in the action, not the amount of the bond, determines the jurisdictional classification of the case.
(c) A cause of action on a bond may be transferred and assigned as other causes of action.
Plain-English Summary
This is the first of two enforcement tracks Article 14 offers, the ordinary route of filing a lawsuit. Subdivision (a) requires joining both the principal and the sureties as parties to that civil action; a beneficiary can't sue the sureties alone and leave the principal out.
Subdivision (b) sets venue depending on where the bond came from. A bond given in an action or proceeding gets sued on in that same court. A bond given outside any action or proceeding, a license or official bond, for example, can be sued on in any court of competent jurisdiction, and the jurisdictional classification turns on the amount of damage claimed, not on the face amount of the bond itself.
Subdivision (c) treats a cause of action on a bond like any other transferable claim, it can be transferred and assigned the same way other causes of action can, without any special restriction tied to its origin as a bond claim.
Frequently Asked Questions
Who must be named as parties in a civil action to enforce a bond?
Both the principal and the sureties.
Where is the action filed if the bond was given in an existing action or proceeding?
The court in which that action or proceeding was pending.
Where is the action filed for a bond given outside any action or proceeding?
Any court of competent jurisdiction.
What determines the jurisdictional classification of a case enforcing a bond given outside an action or proceeding?
The amount of damage claimed in the action, not the face amount of the bond.
Can a cause of action on a bond be assigned to someone else?
Yes, a cause of action on a bond may be transferred and assigned the same as other causes of action.
Amendment History
Amended by Stats. 1998, Ch. 931, Sec. 105. Effective September 28, 1998.
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: civil action to enforce bond californiavenue for suing on a bond