Form AT-160 / CD-140, Undertaking by Personal Sureties Instructions
This form contains 67 fields organized into 19 sections. Below is a complete list of every field, its type, and what information is expected.
| Field Name | Type | Description |
|---|---|---|
| Amount of Undertaking | ||
| Amount of Undertaking | Number |
Provide the monetary amount of the undertaking.
|
| Attachment Conditions | ||
| Wrongful Attachment Payment | Checkbox |
Check this box if the undertaking is to pay the defendant any amount they may recover for wrongful attachment by the plaintiff. Fill only if 'Attachment Undertaking', 'Attachment' is checked for any.
Depends on:
Attachment Undertaking, Attachment
|
| Released Property Value Payment | Checkbox |
Check this box if the undertaking is to pay the plaintiff the value of property released, not exceeding any judgment recovered against the defendant. Fill only if 'Attachment Undertaking', 'Attachment' is checked for any.
Depends on:
Attachment Undertaking, Attachment
|
| Judgment Recovery Payment | Checkbox |
Check this box if the undertaking is to pay the plaintiff the amount of any judgment recovered against the defendant. Fill only if 'Attachment Undertaking', 'Attachment' is checked for any.
Depends on:
Attachment Undertaking, Attachment
|
| Attorney Information | ||
| ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) | Text | |
| TELEPHONE NO | Text | |
| FAX NO. (Optional) | Text | |
| E-MAIL ADDRESS (Optional) | Text | |
| ATTORNEY FOR (Name) | Text | |
| Case Information | ||
| Plaintiff Name | Text |
Please provide the full name of the plaintiff.
|
| Defendant Name | Text |
Please provide the full name of the defendant.
|
| Case Number | Text |
Please provide the case number for this legal action.
|
| Case Number | ||
| Case Number | Text |
Enter the unique identifying number assigned to this case.
|
| Claim and Delivery Conditions | ||
| To Plaintiff - Judgment Recovery | Checkbox |
Check this box if the undertaking is to pay the plaintiff for costs and damages if the plaintiff recovers judgment, not exceeding the undertaking amount, under Code of Civil Procedure section 515.020. Fill only if 'Claim and Delivery Undertaking', 'Claim and Delivery' is checked for any.
Depends on:
Claim and Delivery Undertaking, Claim and Delivery
|
| To Defendant - Property Return | Checkbox |
Check this box if the undertaking is for the return of property to the defendant if ordered, and for payment of any sum the defendant may recover, not exceeding the undertaking amount, under Code of Civil Procedure section 515.010. Fill only if 'Claim and Delivery Undertaking', 'Claim and Delivery' is checked for any.
Depends on:
Claim and Delivery Undertaking, Claim and Delivery
|
| Court Approval | ||
| Court Approval Date | Date |
Enter the date the undertaking was approved by the court. Fill only if 'Type of undertaking' is 'attachment'
Depends on:
Attachment Undertaking, Attachment
|
| Signature follows last attachment | Checkbox |
Check this box if the judicial officer's signature for court approval is provided on a separate attachment rather than directly on this form. Fill only if 'Type of undertaking' is 'attachment'
Depends on:
Attachment Undertaking, Attachment
|
| Court Information | ||
| County | Text |
Enter the name of the county where the Superior Court of California is located.
|
| Street Address | Text |
Enter the street address of the court.
|
| Mailing Address | Text |
Enter the mailing address of the court, if different from the street address.
|
| City and Zip Code | Text |
Enter the city and zip code of the court.
|
| Branch Name | Text |
Enter the name of the specific branch of the court.
|
| First Surety Declaration | ||
| Householder | Checkbox |
Check this box if you are a householder as part of the declaration that you are a resident.
|
| Owner of real property | Checkbox |
Check this box if you are an owner of real property as part of the declaration that you are a resident.
|
| Rely on described property | Checkbox |
Check this box if you rely on described property to qualify for the undertaking and the undertaking exceeds $5,000. Fill only if 'Amount of undertaking' exceeds $5,000
Depends on:
Amount of Undertaking
|
| Described Property and Value | Text |
Provide a description of the property relied upon, the nature of the declarant's interest, and the best estimate of the fair market value for each item of property. Fill only if 'Rely on described property' is 'Yes'.
Depends on:
Rely on described property
|
| Continued on Attachment 8a (Property Description) | Checkbox |
Check this box if the description of the property relied upon is continued on Attachment 8a. Fill only if 'Amount of undertaking' exceeds $5,000
Depends on:
Amount of Undertaking
|
| Charges, Liens, or Impediments | Text |
Specify any charges, liens, impediments, or clouds against any known item of property, including their respective amounts. Fill only if 'Rely on described property' is 'Yes'.
Depends on:
Rely on described property
|
| Continued on Attachment 8a (Charges/Liens) | Checkbox |
Check this box if the details of charges, liens, impediments, or clouds against the property are continued on Attachment 8a. Fill only if 'Amount of undertaking' exceeds $5,000
Depends on:
Amount of Undertaking
|
| Date of Declaration | Date |
Enter the date when the declaration is made.
|
| Printed Name of Surety | Text |
Type or print the full name of the surety.
|
| First Surety Information | ||
| Surety Name | Text |
Provide the full name of the first surety.
|
| Surety Occupation | Text |
Enter the occupation of the first surety.
|
| Surety Residence Address | Text |
Provide the complete residential address of the first surety.
|
| Surety Business Address | Text |
Provide the complete business address of the first surety, if applicable.
|
| Surety Address for Service | Text |
Provide the complete address where legal documents for the first surety can be served.
|
| General | ||
| Button | ||
| Save | Button | |
| Clear | Button | |
| Item 1 Plaintiff | ||
| Plaintiff (name) | Checkbox |
Check this box if the undertaking is being made on behalf of the plaintiff.
|
| Plaintiff Name | Text |
Please provide the full name of the plaintiff.
|
| Item 2 Defendant | ||
| Defendant | Checkbox |
Check this box if the undertaking by personal sureties is being made on behalf of the defendant.
|
| Defendant Name | Text |
Please enter the full name of the defendant for this undertaking.
|
| Objection Notice Address | ||
| Claim and Delivery Objection Notice Address | Checkbox |
Check this box if the specified address for notice of objection to sureties applies only to claim and delivery matters. Fill only if 'Claim and Delivery Undertaking' is checked.
Depends on:
Claim and Delivery Undertaking
|
| Objection Notice Address | Text |
Provide the full mailing address where notices of objection to sureties should be sent. Fill only if 'Claim and Delivery Undertaking' is checked.
Depends on:
Claim and Delivery Undertaking
|
| Parties | ||
| Plaintiff Name | Text |
Enter the full name of the plaintiff.
|
| Defendant Name | Text |
Enter the full name of the defendant.
|
| Second Surety Declaration | ||
| Householder | Checkbox |
Check this box if the second surety is a householder.
|
| Owner of real property | Checkbox |
Check this box if the second surety is an owner of real property.
|
| Undertaking exceeds $5,000 | Checkbox |
Check this box if the undertaking for the second surety exceeds $5,000, requiring completion of the property details below. Fill only if 'Amount of undertaking' exceeds $5,000
Depends on:
Amount of Undertaking
|
| Property Description for Undertaking | Text |
Describe the property, the nature of the declarant's interest, and the best estimate of the fair market value for each item of property that qualifies the surety on the undertaking. Fill only if 'Undertaking exceeds $5,000' is 'Yes'.
Depends on:
Undertaking exceeds $5,000
|
| Property Description Continued on Attachment 8b | Checkbox |
Check this box if the description of property relied upon by the second surety in section 8.b.(2) is continued on Attachment 8b. Fill only if 'Amount of undertaking' exceeds $5,000
Depends on:
Amount of Undertaking
|
| Charges, Liens, or Impediments Against Property | Text |
Specify any known charges, liens, impediments, or clouds against any item of property and their corresponding amounts. Fill only if 'Undertaking exceeds $5,000' is 'Yes'.
Depends on:
Undertaking exceeds $5,000
|
| Charges/Liens Continued on Attachment 8b | Checkbox |
Check this box if the details regarding charges, liens, impediments, or clouds against the property in section 8.b.(3) are continued on Attachment 8b. Fill only if 'Amount of undertaking' exceeds $5,000
Depends on:
Amount of Undertaking
|
| Declaration Date | Date |
Enter the date when this declaration is made.
|
| Surety's Printed Name | Text |
Type or print the full name of the surety.
|
| Second Surety Information | ||
| Second Surety Name | Text |
Enter the full legal name of the second surety.
|
| Second Surety Occupation | Text |
Enter the occupation of the second surety.
|
| Second Surety Residence Address | Text |
Enter the complete residence address of the second surety.
|
| Second Surety Business Address | Text |
Enter the complete business address of the second surety.
|
| Second Surety Address for Service | Text |
Enter the complete address for service of process for the second surety.
|
| Undertaking Purpose | ||
| Attachment | Checkbox |
Check this box if the undertaking is for attachment.
|
| Claim and Delivery | Checkbox |
Check this box if the undertaking is for claim and delivery.
|
| Undertaking Type | ||
| Plaintiff's Undertaking | Checkbox |
Check this box if the undertaking is being made by the Plaintiff or on the Plaintiff's behalf.
|
| Defendant's Undertaking | Checkbox |
Check this box if the undertaking is being made by the Defendant or on the Defendant's behalf.
|
| Attachment Undertaking | Checkbox |
Check this box if the undertaking by personal sureties is related to an attachment proceeding.
|
| Claim and Delivery Undertaking | Checkbox |
Check this box if the undertaking by personal sureties is related to a claim and delivery action.
|