Rule 85.11.Inadequate Bond.
Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 85.11
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rules 85.08 and 85.24.
Plain-English Summary
Bonds filed under Rule 85 — whether the claimant’s bond under Rule 85.08, the owner’s bond under Rule 85.09, or the nonowner’s bond under Rule 85.10 — can prove inadequate after the fact. A surety might turn out not to qualify under Rule 85.12, or the amount posted might fall short of what the court determines is required. Rule 85.11 gives the court a direct remedy for that problem: order a new bond.
The rule is brief because it functions as a backstop, not a standalone procedure. It does not specify a deadline for furnishing the replacement bond or spell out a particular process for the court’s finding; it confirms only that the court has the authority to require a better bond once it identifies a deficiency in the one on file. The consequences of not complying flow from other rules — most notably Rule 85.14, which allows the attachment to be dissolved if the claimant fails to file a sufficient bond within the time the court sets after finding the original one inadequate.
This authority applies broadly across the different bonds contemplated in Rule 85, since the rule refers generally to ‘any bond,’ not to a particular party’s bond. That breadth lets the court police the sufficiency of security throughout the attachment proceeding, not just at the outset.
Frequently Asked Questions
What triggers the court’s authority under Rule 85.11?
A finding by the court that a bond filed in the attachment proceeding is not sufficient.
Does Rule 85.11 apply only to the claimant’s bond?
No. The rule refers to ‘any bond,’ so it applies to the claimant’s bond under Rule 85.08, the owner’s bond under Rule 85.09, and the nonowner’s bond under Rule 85.10 alike.
What happens if the claimant fails to furnish a new, sufficient bond?
Rule 85.14 allows the attachment to be dissolved if the claimant fails to file a sufficient bond within the time the court directs after finding the original bond inadequate.
Does the rule set a specific time limit for filing the replacement bond?
No, Rule 85.11 itself does not state a deadline; it leaves that to the court's order requiring the new bond.
Why might a bond be found insufficient in the first place?
Reasons can include an inadequate dollar amount or a surety that does not meet the qualifications set out in Rule 85.12.