A court order can cost the other side dearly — the bond stands behind it.
Security behind a restraining order
When a plaintiff obtains an injunction or temporary restraining order, the court usually requires them to post a bond. It protects the restrained party in case the injunction turns out to have been wrongly granted — so the power to stop someone’s conduct comes with financial accountability.
What an injunction bond guarantees
Posted by the plaintiff (the party seeking the injunction), the bond reimburses the enjoined defendant for costs and damages if it is later found they were wrongfully enjoined. It protects the defendant even though the plaintiff pays for it. Under Federal Rule of Civil Procedure 65(c), a court may require security “in an amount that the court considers proper.”
How courts set the amount
The court sets the amount at its discretion, based on the potential harm the injunction could cause the defendant. Because a wrongfully-enjoined defendant’s recovery is generally capped at the bond amount, defendants often argue for a high bond and plaintiffs for a low one. Premium runs at typical court-bond rates, roughly 1%–3% of the amount.
Frequently Asked Questions
Who pays for an injunction bond?
The plaintiff who seeks the injunction posts it — but it protects the defendant, reimbursing them for damages if the injunction is later found to have been wrongly granted.
How does the court decide the amount?
At its discretion, based on the potential harm the injunction could cause the defendant. The defendant’s recovery for a wrongful injunction is generally capped at the bond amount.
How do I get a injunction bond through Cory Washington & Co.?
Request a quote or contact our team. We confirm your exact requirement, market your bond across multiple surety companies that compete for it, and handle the filing. Cory Washington & Co. LLC is licensed in all 50 states.
All surety bond descriptions on this website are provided by Cory Washington & Co. LLC strictly for general informational purposes. They are not intended to be, and should not be relied upon as, legal, financial, or bonding advice. Surety bonds are not insurance. Bond requirements — including amounts, obligees, and bond forms — are set by government authorities and other obligees and change over time; the information presented is general in nature and does not guarantee the availability, terms, conditions, or amount of any bond. Actual bond terms are governed by the bond form issued by the surety and the requirements of the obligee, and any bond remains subject to underwriting approval. Nothing on this website creates or implies an agent-client relationship, binds a surety, or issues a bond. Cory Washington & Co. LLC expressly disclaims any liability for actions taken, or not taken, based on the content provided here. For advice regarding your particular situation, please confirm current requirements with the relevant authority and consult directly with a licensed professional at Cory Washington & Co. LLC.