Trust/Bond Matters
Posting Trusts and Criminal Bonds
There are many situations where the Court may order parties to a case to deposit funds to be held in trust by the Clerk of Court.
These funds include criminal bail and other cash bonds, as well as child support and arrest warrant are processed by the Document
and Cash management Services division of the Clerk of the Court’s Office.
A non-refundable trust handling fee of $27.00 will be charged each time a non-criminal bond is paid pursuant to A.R.S. 12-284(E).
Bond monies require guaranteed payment types which include cash, Western Union Quick Collect or a Local Attorney’s Trust Fund check.
Insurance drafts are accepted for Probate and Trusts bonds; however, no funds received via insurance draft will be disbursed until
60 days after deposit. This is to ensure funds are available to cover the instrument.
Surety (Paper) bonds for criminal bail bonds can be obtained through a bail-bonding agency. They are recorded and filed by the
Clerk’s Office, and are not processed through the accounting function as are cash bonds.
In Custody criminal bond payments over $2,000.00 are accepted between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday.
Accepted forms of payments are cash, Western Union Quick Collect or a Local Attorney Trust Fund check.
In Custody bond payments are also accepted 24 hours a day at the north entrance of the 4th Avenue jail, located at 201 S. 4th Avenue.
For further information, including acceptable forms of payment, please contact the jail directly at (602) 876-0322. Please have the
full name, booking number, and/or date of birth available.
Requirements
Using property as the basis for bond is a time-consuming process that is less preferable than use of a cash or paper bond.
Requirements for property-as-bond include:
- An authoritative appraisal of the property to determine if its wholesale value is greater than the bond amount;
- Documentation of the person’s equity in the property, sufficient to cover the bond;
- A trust deed made out to the Clerk of Court, and recorded in the County Recorder’s Office, along with the promissory note
pledging the property to the Clerk of Court; and
- An order from the Court authorizing the use of the specific property as bond, after the court has reviewed the previous items.
Release of Funds
The release of bond funds requires a court order. All orders should be presented to the Criminal Filing Counter, located in the
South Court Tower, 175 West Madison Avenue – 12th Floor, Phoenix AZ 85003.
Non-criminal cases require the original or certified copy of the order including a Judge or Commissioner’s actual signature and
not a facsimile stamp. Orders of release must be specific on the following points:
- Exact amount of money to be released, not the verbiage ‘all money’
Note: if the bond was held in an interest bearing account, the order must state the original bond amount plus the verbiage all accrued interest.
- The name of the person(s) to whom the money is to be released
- An address a check can be mailed to
Criminal cases require the original or certified copy of an Order of Exoneration including a Judge or Commissioner’s actual
signature and not a facsimile stamp. Orders of Exoneration generally release funds back to the party posting the bond.
Court orders for release of bond funds received before 5:00 p.m. will be processed the next business day and mailed to the address
provided in the court order, providing the funds are available to be released. For Criminal cases, the check will be mailed to the
address provided at the time bond was posted. Bond money will be released only in the form of a Clerk of the Superior Court check.
- Affidavits of Assignments are no longer accepted. Parties must petition the Court to have a Court order issued releasing the funds to another party.
- Stop payments will not be placed on checks until ten (10) business days after the original issue date of the check. There is a $15.00 non-refundable
fee for each check a stop payment is placed on.
- An Affidavit of Address Change For Bond Release form is required to change the mailing address of a released bond. The person requesting the
address change must be the party to whom the court order directed release of funds to. The requesting party’s signature must be notarized by a
Notary Public.
More information
Additional Information regarding the deposit, release or to update your address, please
email or call (602) 506-7757 or (602) 506-3477.
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