§ 996.460.Judgment of Liability On Bond
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 14. Liability of Principal and Sureties · Enacted 1982 · no amendments on record · Last verified July 28, 2026
Full Text of § 996.460
Plain-English Summary
Ordinarily, Civil Code § 2845 lets a surety require the creditor to proceed against the principal first before coming after the surety's own assets. Subdivision (a) sets that right aside for bonds enforced under this chapter: the judgment runs against the principal and sureties jointly and severally, in the beneficiary's favor, letting the beneficiary collect from whichever of them has the money.
Subdivision (b) leaves the actual dollar amount of the judgment to the court's determination on the record before it. Subdivision (c) then addresses a bond that outlives a single judgment: if the judgment doesn't use up the full amount of the bond, the bond's remaining capacity shrinks by that amount but isn't discharged, the beneficiary, or another beneficiary, can enforce what's left of the bond again later, as many times as it takes to exhaust it.
Subdivision (d) confirms the beneficiary can go straight after the sureties to enforce the judgment, without waiting on the principal. That doesn't erase what the sureties can do to the principal afterward, a surety who pays keeps whatever right of subrogation it has against the principal, and keeps the right to compel the principal to satisfy the judgment instead.
Frequently Asked Questions
Can a beneficiary collect a bond judgment directly from the sureties without first pursuing the principal?
Yes, notwithstanding Civil Code § 2845's ordinary rule requiring the creditor to exhaust the principal first.
Does one judgment use up the entire bond?
Only if it exhausts the full bond amount. Otherwise the bond's remaining amount stays available for later claims.
Does paying a bond judgment give up the surety's rights against the principal?
No. The surety keeps its subrogation rights and its right to compel the principal to satisfy the judgment.
Who decides the dollar amount of the judgment?
The court, under § 996.460(b).
Amendment History
Added by Stats. 1982, Ch. 998, Sec. 1.