§ 995.520.Affidavit of Qualification

Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 5. Personal Sureties · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 995.520 requires a bond executed by personal sureties to include an affidavit from each surety stating identifying information and the residency, property-ownership, and net-worth facts required by § 995.510, with more detailed property disclosures once the bond exceeds $5,000.

Full Text of § 995.520

Text sizeJump to: (a) (b) (c) (d)

(a) A bond executed by personal sureties shall be accompanied by an affidavit of qualifications of each surety.

(b) The affidavit shall contain all of the following information:

(1) The name, occupation, residence address, and business address (if any) of the surety.

(2) A statement that the surety is a resident, and either an owner of real property or householder, within the state.

(3) A statement that the surety is worth the amount of the bond in real or personal property, or both, situated in this state, over and above all debts and liabilities, exclusive of property exempt from enforcement of a money judgment.

(c) If the amount of the bond exceeds five thousand dollars ($5,000), the affidavit shall contain, in addition to the information required by subdivision (b), all of the following information:

(1) A description sufficient for identification of real and personal property of the surety situated in this state and the nature of the surety's interest therein that qualifies the surety on the bond.

(2) The surety's best estimate of the fair market value of each item of property.

(3) A statement of any charge or lien and its amount, known to the surety, whether of public record or not, against any item of property.

(4) Any other impediment or cloud known to the surety on the free right of possession, use, benefit, or enjoyment of the property.

(d) If the amount of the bond exceeds ten thousand dollars ($10,000) and is executed by more than two sureties, the affidavit may state that the surety is worth less than the amount of the bond and the bond may stipulate that the liability of the surety is limited to the worth of the surety stated in the affidavit, so long as the aggregate worth of all sureties executing the bond is twice the amount of the bond.

End

Plain-English Summary

Section 995.510 sets the qualifications a personal surety must meet; this section makes sure those qualifications show up on paper. Every bond signed by a personal surety must come with an affidavit from that surety, covering name, occupation, and residence and business addresses, plus sworn statements confirming California residency, property ownership or householder status, and net worth in in-state property equal to the bond amount.

Once the bond passes $5,000, the affidavit has to get specific. The surety must describe the real and personal property being relied on, estimate its fair market value, and disclose any known liens, charges, or other clouds on free use of that property -- the kind of detail a court or beneficiary would need to test whether the surety's worth is real.

Subdivision (d) carries forward the pooling option from § 995.510(b): on a bond over $10,000 signed by more than two sureties, the affidavit can state a worth below the bond amount and the bond can limit that surety's liability to the stated figure, as long as the sureties' combined worth reaches twice the bond amount.

Frequently Asked Questions

Does every personal surety have to file a separate affidavit?

Yes, § 995.520(a) requires an affidavit of qualifications for each surety signing the bond.

What has to be in the affidavit for bonds under $5,000?

Name, occupation, addresses, and statements of residency, property ownership, and net worth matching § 995.510's requirements.

What extra disclosures apply once the bond exceeds $5,000?

A description of the specific property relied on, its estimated market value, and any known liens or other impediments on the surety's free use of it.

Can the affidavit state a surety's worth is less than the bond amount?

Only on bonds over $10,000 with more than two sureties, and only if the sureties' combined worth reaches twice the bond amount.

Amendment History

Added by Stats. 1982, Ch. 998, Sec. 1.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: affidavit of qualification personal surety californiasurety affidavit requirements bond california