Bonds

Types of Bonds

About Bonds

A bond is a formal written agreement where a person agrees to do something (such as appear in court) or stop doing something (such as committing a crime). If the person doesn't comply with the agreement, he/she (or a "surety", also called a "bondsman") then forfeits the money paid for the bond.

The purpose of a bond is to motivate the person to comply with the written agreement and to provide consequences if he/she doesn't. In most cases, a surety (bondsman) is involved, and the bond makes the surety responsible for the consequences of the person's behavior.

Failure to appear when on bond could result in the forfeiture of the bond, which means losing the cash, real estate, or collateral that was used to secure the bond.

The type of bond that is allowed to be posted is determined by the judge when issuing a warrant. Some of the bond types listed below may not be available for every defendant.

Types of Bonds

Cash Bond

With a cash bond, the defendant or another person can pay in cash the full amount of the bond to release the defendant from custody.

Personal Recognizance Bond (PR Bond)

A PR bond is a signature bond that involves no money or property as long as the defendant appears at all future court dates. The defendant's signature acts as the promise to appear in court. A judge may require additional persons to sign the bond as well, to ensure the appearance of the defendant in court.

Professional Surety Bond

A professional surety bond is a bond posted through the service of a state licensed bondsman of your choice. The bondsman may require a co-signer and/or collateral to secure the bond.

Property Bond

A property bond is a bond posted using the equity from real estate located in this state. The unencumbered equity must be 1.5 times the amount of the bond.

 

Bond Forms

Download and fill out Bond forms using the forms link above.

Paperwork Tips

Information about JDF 231 Waiver of Extradition as a Condition of Bail Bond under §16-4-105, C.R.S.:

JDF 231 includes the following agreements:

  1. I understand that it is a violation of my bond to leave Colorado without the approval of the Court and the surety and that if I am arrested in another state, I can be returned to Colorado through the extradition process.
  2. I will not resist or fight any effort by any state to return me to Colorado and waive all formal extradition proceedings.
  3. I understand I shall not be admitted to bail in any other state pending extradition to Colorado.
  4. I agree to waive any right I may have to contest my extradition and I waive this right freely, voluntarily, and intelligently.

Information about JDF 370 Appearance Bond:

This form must be filled out to cancel a warrant or to be released from custody. The types and amounts of bonds vary greatly and will be set by a judge in the court where the case is located.

Information about JDF 371 Consent of Surety:

A bail bondsman may agree to remain on the bond. Different situations may occur to require this form. For example, if the Defendant fails to appear for a court date, or if the Defendant wishes to leave the state.

Information about JDF 375 Surety Request for Show Cause Hearing:

This form must be filled out by the surety to request a show cause hearing. The purpose of a show cause hearing is for the surety to appear and show the court why the bond money paid for the Defendant should not be forfeited to the court.

About Property Bonds

Check with the court to find out if a property bond will be accepted. For more information, please contact the court location where the person is appearing for a court hearing.

General Information

  • All parties whose names appear on the deed as owners must be present to post a property bond. If a party on the deed is deceased, a death certificate is required.  Appearing for someone under a power of attorney must first be approved by the court.
  • All parties must provide a valid photo ID.
  • Property must be real property (no vehicles or mobile homes) and must be located in the State of Colorado.

Documents Required

The following is a list of documents and information required to post a property bond:

  • Current Tax Notice or Notice of Valuation of the property from the County Assessor showing the assessed value of the property. If the property was purchased in the last 12 months, a Tax Notice may not exist. If this is the case, copies of the recorded Deed and closing papers are required.
  • Letter from the mortgage company on company letterhead or a notarized statement from individual to whom the mortgage is owed, including a current pay off amount of the loan dated no more than 35 days before the date the bond posted. If the mortgage has been transferred to another lending institution, written documentation of the transfer is required.
  • Evidence of Title issued by a title insurance company within the last 35 days.
  • Owners and Encumbrances certificate issued by the title insurance company and dated no more than 35 days prior to the date the bond was posted. The certificate must include all liens or encumbrances against the property, or a statement that there are no liens or encumbrances against the property.
  • Deed of Trust naming the Clerk of Court as the beneficiary. The deed must be completed and acknowledged (recognized) by all property owners of record.
  • Some locations may ask for a warranty or Quit Claim Deed, either the original or a certified copy, and the most current paid property tax receipt.

Equity Required

  • Unencumbered equity must be 1.5 times the amount of the Bond. This amount is the value of the property minus any amount owed on the property. For example, if the Bond is $20,000, the unencumbered equity in the home must be at least $30,000 ($20,000 multiplied by 1.5).
  • Note: $60,000.00 will be deducted from the equity of the property under the Colorado Homestead Exemption. However, the property owner(s) can sign a waiver to avoid this amount being deducted from the equity, if desired.

Associated Fees

The person posting the property bond must pay the recording fees. See §30-1-103 (1), C.R.S. for fee amount.

Fees:

The entire amount may be paid in cash; however, if paid by check, 2 checks must be written:

  • One check payable to the Clerk and County Recorder for the recording fee (based on the number of pages) plus the surcharge.
  • One check payable to the Clerk of Combined Court for the Request for Release fee or the Release fee. (This fee may be higher if you are filing with the Public Trustee; check with your local court for more information.)

After the Bond Is Released by the Court

When the Bond is released by the court, a Release of Deed of Trust will be mailed to the property owner via certified mail. It is the responsibility of the property owner to take it to the Public Trustee for the county in which the property is located and request that the lien be released.

 

About Notice and Payment for Cost of Care of Animals

Information about JDF 228 Notice and Payment for Cost of Care of Animals:

The purpose of this notice and payment is to provide for the cost of impoundment, care, and provision of identified animal(s) in the custody of the impound agency for a period of at least 30 days, including the day on which the animal was taken into custody, pursuant to §18-9-202.5, C.R.S. This form is completed by the court.

Additional Resources