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District Clerk
Karen Matkin
300 Courthouse Annex
501
Washington Avenue
Waco, Texas
76701
Mailing Address: P.O. Box 2451
Waco, TX 76703
| Phone: | (254) 757-5054 - Criminal |
| (254) 757-5057 - Civil |
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KAREN MATKIN
DISTRICT CLERK
McLENNAN COUNTY COURTHOUSE
P. O. BOX 2451
WACO, TEXAS 76703
254-757-5054 OR 757-5057
REVISED BOND POLICY
If the Court sets a bond for a temporary restraining order, temporary injunction or similar situation where the clerk must approve a bond, the following policies will apply.
If the bond to be posted is in the amount of $15,000.00 or less then the Clerk will accept a cash bond, a bond signed by the applicant and two good and sufficient sureties or a corporate surety bond. If the bond is signed by the applicant and two good and sufficient sureties, then an affidavit from the principal and the sureties will be required. The affidavit must set forth that the principal and the sureties have at least two times the amount of the bond set by the Court in unencumbered, non-exempt assets subject to execution in the State of Texas. The affidavits must provide enough information to establish the reliability of the sureties and the ability to identify them. Such information as the street address of the person, a copy of the driver’s license, and a birth date will be necessary. Affiliate entities of a principal are not appropriate as sureties. If an attorney acts as surety, instead of a driver’s license substitute the attorney’s bar number. As to any rule, there are exceptions. The exceptions would have to be approved by the District Clerk on a case-by-case basis. If the Clerk is not comfortable with the affidavit or the sureties offered, then the bond may be rejected and cash or a corporate surety required.
If the Court sets the bond in an amount greater than $15,000.00 then cash or a corporate surety will be required. Affiliate entities of a principal are not appropriate as sureties. There are exceptions to this rule when the applicant is sufficiently credit worthy on the face of the application to justify approving the bond. Examples of credit worthy applications are Coca-Cola, Texas Instruments, L-3 Communications, a state or nationally chartered bank or credit union. The exceptions would have to be approved by the District Clerk. If the Clerk is not comfortable with the surety bond offered, then the bond may be rejected.
In addition to the financial requirement, you must meet the requirements for the language of the bond found in the Rules of Civil Procedure. Bonds must be properly conditioned depending on the type of bond you are seeking. Examine Rules 592a, 611, 644, 658a, 684, 698, 702, 703, and 719 of the Texas Rules of Civil Procedure. If you are posting cash, you must have a written bond with the cash.
McLennan