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Affidavit of Surety

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AFFIDAVIT OF SURETY (NO JUSTIFICATION)

Date Approved:

Extension:

By:

Signature:

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER

UNITED STATES OF AMERICA

v.

PLAINTIFF,

DEFENDANT(S).

I, the undersigned surety, state on oath that I permanently reside within the jurisdiction of the United States District Court for the Central District of California at the address indicated below or in (City, State):

I further state that I understand the provisions of the bond executed by the above-named defendant for which this affidavit supports, and I agree to be bound as a condition of this bond by the provisions of Local Criminal Rule 46-6 as set forth at the bottom of this document and further acknowledge and agree that I and my personal representatives are bound as a condition of this bond, jointly and severally with the defendant and other sureties, to pay to the United States of America the sum of $ in the event that the bond is forfeited.

I further understand that it is my obligation to inform the Court and counsel of any change in residence address or employment of the defendant immediately upon becoming aware of such fact.

I further agree and understand that, unless otherwise ordered by the Court, the bond for which this affidavit supports is a continuing bond (including any proceeding on appeal or review) which shall continue in full force and effect until such time as the undersigned is duly exonerated by Order of the Court.

I declare under the penalty of perjury that the foregoing is true and correct. Executed on this day of , .

Name of Surety

XXX-XX-

Social Security Number of Surety (Last 4 digits only)

Signature of Surety

Address of Surety

Relationship of Surety

City, State, Zip Code

Local Criminal Rule 46-6

Bond - Summary Adjudication of Obligation

A bond or undertaking presented for filing shall contain consent of the principal and surety that, in case of default or contumacy on the part of the principal or surety, the Court, upon ten (10) days notice, may render a judgment summarily in accordance with the obligation undertaken and issue a writ of execution upon such judgment. An indemnitee or party in interest seeking a judgment on a bond or undertaking shall proceed by Motion for Summary Adjudication of Obligation and Execution. Service may be made on a corporate surety as provided in 31 U.S.C. § 9306.

CR-04 (02/09)

AFFIDAVIT OF SURETY (NO JUSTIFICATION)

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What an Affidavit of Surety Is and when it’s used

An Affidavit of Surety is a sworn written statement in which a surety (an individual or company) attests to its obligation to guarantee another party’s performance or payment. Commonly used in bonds, court proceedings, and certain real estate or construction matters, the affidavit names the principal, states the bond amount or obligation, and affirms the surety’s legal responsibility under oath, typically before a notary or authorized official.

Why an Affidavit of Surety matters for risk and compliance

The affidavit clarifies who guarantees obligations, creates a clear record for courts or contracting parties, and preserves legal rights if the principal defaults. Proper execution helps avoid disputes over liability and supports enforcement of bond or payment claims.

Why an Affidavit of Surety matters for risk and compliance

Who typically completes or receives this affidavit

Use this document whenever a named guarantor must create an auditable, sworn commitment that can be enforced if the principal fails to perform.

  • Surety companies and agents providing bond guarantees to courts, owners, or obligees.
  • Contractors and subcontractors submitting bonds or payment guarantees on construction projects.
  • Legal counsel or litigants requiring bond-backed stays, appeals, or court-ordered guarantees.

Core components found in a professional Affidavit of Surety

A well-drafted affidavit includes identifying facts, a clear statement of obligation, and authentication elements to make the surety’s promise enforceable and easy to verify.

Affiant Identity

Full legal name and capacity of the surety, including business entity type and registration details if applicable.

Principal Named

Full legal name of the principal whose performance or payment is guaranteed, with relevant contract or case identifiers.

Obligation Amount

Specific bond or liability amount stated in dollars, including any limits, effective dates, and contingent conditions.

Surety Statement

Clear promise language describing the surety’s legal undertaking, scope of liability, and triggering events for enforcement.

Authentication

Notary block or remote online notarization record, affiant signature, date, and jurisdiction of execution.

Attachments

Supporting documents such as the underlying bond, power of attorney, corporate resolution, or certificate of authority.

Step-by-step: completing and authenticating the affidavit

Follow these steps to prepare, verify, and execute an enforceable Affidavit of Surety.

  • 01
    Prepare draft: Assemble contract details, bond terms, and party names before filling fields.
  • 02
    Complete fields: Enter names, amounts, dates, and signer capacity exactly as instructed.
  • 03
    Authenticate: Sign in presence of a notary or use approved RON workflows where allowed.
  • 04
    Deliver copies: Send signed affidavit and attachments to obligee, court clerk, or contracting party.

Where to file or send a completed affidavit

Routing depends on the transaction: courts, contracting parties, and public records each require different recipients and formats.

  • Court Filings: File with the clerk where the underlying action is pending; include case number.
  • Contracting Party: Provide the obligee or owner a signed copy as proof of bond or guarantee.
  • Bonding Agent: Deliver to the surety’s agent or bond provider for record and claims processing.
  • Public Recorder: If required (rare), submit to county recorder with appropriate cover forms.

Typical eSigning workflow and field settings

Configure a digital workflow that matches the affidavit’s authentication and attachment requirements before sending for signature.

Field Configuration
Signature Required; signer authentication recommended (email + SMS or ID)
Notary/Jurat Place a notarization block set for in-person or RON verification
Attachments Attach bond, POA, or entity documents; mark as required
Retention Enable certified audit trail and long-term storage

Digital signing considerations and technical compatibility

Verify your provider supports audit trails, optional two-factor signer authentication, and secure long-term storage to maintain evidentiary strength.

  • File formats: PDF and DOCX supported
  • Integrations: Salesforce, NetSuite, Box, Google Workspace
  • RON support: Audio-video recording and KBA

Comparison of common eSignature platforms for affidavits

Platform pricing and core features vary; select a provider that supports notarization, audit trails, and the compliance standards you need.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Essential information items required on the affidavit

Affiant Name: Full legal name
Principal: Named party
Obligation: Bond amount
Execution Date: MM/DD/YYYY
Signer Capacity: Title or role
Notary Venue: State and county

Timing and filing expectations to track

Monitor execution date, any required filing windows, and retention obligations to preserve rights and meet court or contract deadlines.

Execution Date Required:

Use the effective date for the bond or obligation

Court Filing Window:

File with clerk as required by local rules

Claim Notice Deadline:

Adhere to contract notice terms for surety claims

Notary Record Retention:

Notary or RON record retention per state rules

Document Retention:

Keep for the statute period plus any claim period

Common preparation errors that delay acceptance

  • Using an incorrect legal name for the surety or principal, which can void notarization and require re-execution.
  • Omitting the signer’s capacity or failing to attach the power of attorney when signing on behalf of a company.
  • Mismatching numeric and written amounts for the obligation, creating ambiguity and possible rejection.
  • Altering standard notary wording or using a noncompliant notary block for the executing jurisdiction.

Risks and legal consequences of incorrect affidavits

Perjury Exposure: Criminal penalties
Bond Forfeiture: Obligee claim risk
Civil Liability: Indemnity claims possible
Enforcement Delay: Court or creditor pushback
Record Rejection: Recorder or clerk refusal
Tax/Contract Impact: Withholding or remediation costs

Real-world scenarios showing how affidavits are used

Representative examples illustrate practical uses across industries and the role of notarization and supporting attachments.

Property Closing Example

A title company required a surety affidavit to clear a financing contingency prior to closing.

  • The surety attached a power of attorney for the signer.
  • The recorded affidavit and attached bond allowed closing to proceed without in-person guarantor appearance, reducing delay and preserving title insurance coverages.

Construction Performance Bond

An owner requested a sworn surety affidavit after contractor default to confirm bond coverage.

  • The affidavit named the bond, principal, and claim threshold.
  • With the affidavit and bond attached, the owner initiated surety claim procedures and secured replacement contractor funding.

Frequently asked questions about Affidavits of Surety

Answers to common legal and procedural questions about execution, notarization, and electronic signing of surety affidavits.


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