Each surety on a bond must be either a corporation licensed to do a surety business in Missouri or an owner of property within the state which the court finds to be a sufficient surety for the amount for which the bond is given.
Rule 85.12.Qualification of Sureties.
Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 85.12 requires that every surety on a bond filed under Rule 85 be either a corporation licensed to conduct a surety business in Missouri or a property owner within the state whom the court finds sufficient for the bond amount.
Full Text of Rule 85.12
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rule 85.06.
Plain-English Summary
A bond is only as good as the surety standing behind it. Rule 85.12 sets the minimum qualifications for anyone who serves as surety on a bond filed under Rule 85, whether that bond is the claimant’s under Rule 85.08, the owner’s under Rule 85.09, or the nonowner’s under Rule 85.10. The surety must be one of two things: a corporation licensed to do a surety business in Missouri, or an individual property owner within the state whose sufficiency for the specific bond amount the court itself finds.
The corporate-surety path is plain: a licensed surety company brings an existing regulatory track record and financial backing. The individual-surety path requires more from the court, since it calls for an actual finding that this particular property owner can stand behind this particular bond amount — not just a general assurance of solvency.
This rule works hand in hand with Rule 85.11. If a surety does not meet these qualifications, the bond itself is vulnerable to a finding of insufficiency, which lets the court order a replacement. Getting the surety right at the outset avoids that extra step and the risk, under Rule 85.14, that an inadequate bond leads to dissolution of the attachment.
Frequently Asked Questions
Who is qualified to serve as a surety on an attachment bond?
Either a corporation licensed to do a surety business in Missouri, or an owner of property within the state whom the court finds sufficient for the bond amount.
Does the rule require the surety to be a bonding company?
No. An individual who owns property in Missouri can also serve as surety, so long as the court finds that person sufficient for the amount of the bond.
Does this qualification requirement apply to bonds filed by the owner and nonowner, too, or just the claimant?
It applies to any bond given under Rule 85, since the rule speaks generally to sureties on ‘a bond’ instead of singling out the claimant’s bond.
What happens if a surety turns out not to meet these qualifications?
The bond can be found insufficient under Rule 85.11, and the court may order that a new bond, with a qualifying surety, be furnished.
Can a Missouri property owner qualify as surety without any minimum property value stated in the rule?
The rule does not set a fixed value threshold; it requires the court to find the property owner sufficient for the specific amount of the bond at issue.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: attachment bond surety requirementsqualified surety Missouricorporate surety attachment bondproperty owner as surety attachment