Commonly asked questions regarding criminal bonds:
How do I pay a cash bond?
A cash bond may be presented in the form of a cashier's check or actual cash (if the amount is $10,000.00 or more, the poster will be required to complete an IRS form). The poster will also complete a form providing their full contact information that will be retained in the Clerk’s Office. If the payment is in the form of a check, the payment will be made payable to Clerk, U.S. District Court. The office is located at 700 Grant Street, Suite 3110, Pittsburgh, PA 15219. At the time payment is processed, the poster will be given a receipt as proof of payment. It is important that this receipt is saved as it will be required to be returned to the Clerk of Court should the bond become eligible for return. DO NOT DISCARD THIS RECEIPT.
What conditions must be met in order for a criminal bond to be returned?
A criminal bond may become eligible for return once judgment in a case has been entered and the defendant is in custody (if applicable), or charges have been dismissed. If you think the bond is eligible to be returned, you can motion the court for the release of the bond (if you are an attorney) or write a request to the court to have the funds returned (if you are the posting party). Finance also monitors the status of these bonds and will correspond with chambers to determine if the posting party can be contacted for purposes of returning the bond. After an Order has been signed for the return of the bond, the posting party must either present or mail in their original receipt of payment or, if the receipt is lost, they will need to provide a notarized statement of loss indicating the approximate date of payment and the exact amount that was paid.
What language is necessary to put in a proposed Order for return of bond?
The proposed order will state the amount of bond to be returned, the name of the payee and their mailing address. If the address is considered confidential and not to be disclosed in the order, the finance department of the Clerk’s Office must be provided the address of where to remit payment.
I posted the criminal bond, but I want to assign my money to another person. Is this possible?
Yes. You must provide a notarized statement indicating the name and address of the person you wish to assign payment to, along with the original receipt or a notarized statement of loss. The individual assigned payment must provide a W-9 form and if the payment is $600.00 or more and/or has accumulated interest of $10.00 or more (such as if the bond was transferred in from another district where interest collects), their payment may be subject to 1099 reporting.
General overview of bonds that are collected in civil cases in our Court.
In civil cases, a Judge may order the posting of a bond such as a security or TRO (Temporary Restraining Order) bond. In this instance, the Judge will sign an order requiring the bond to be held in the local Court Registry.
What language is required in an Order to pay bond?
The order will state that security (corporate surety bond, property bond, cash, certified check, or attorney’s check) will be deposited with the court by the name of the posting party, with a specified amount. The order will also state that if the payment is presented as cash, certified check or attorney’s check, it will be placed into the local Court Registry and will remain there until further order of court.
Where do I pay the bond?
Payment of the bond will be either mailed or hand delivered to the Clerk’s Office of the U.S. District Court, located at 700 Grant Street, Suite 3110, Pittsburgh, PA 15219. If paid by check, it is payable to Clerk, U.S. District Court. If paid in actual cash, an IRS form will be required to be completed should the amount be $10,000.00 or above. A case number should be provided with the payment for reference.
How can I have a bond posted in a civil case returned?
If you are a law firm that has posted a bond, you can motion the court to have the funds returned to you. You will need to attach a proposed order of court with the motion. Finance also monitors the status of these bonds and will correspond with chambers to determine if the posting party can be contacted for purposes of returning the bond. After an Order has been signed for the return of the bond, funds will be eligible for return. In civil cases, bonds usually become eligible for return once there is a judgment entered in the case or the case has been dismissed.
I am an attorney motioning for the return of the bond I posted. What should I put in the proposed order for the release of bond?
From a finance standpoint, the order need only state the name of the payee, their mailing address, and the amount to be returned. The original receipt is required for civil cases, and the attorney may wish to include it as an exhibit to his motion.