Trust / Bond Matters
Posting Criminal and Non-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 bonds and non-criminal cash bonds, civil and child support arrest warrants and probate bonds. The funds are processed by the Accounting Division of the
Clerk of Court's Office.
The Clerk requires guaranteed forms of payment for bond monies. Guaranteed payment for Criminal bonds include cash and wire transfers; guaranteed payments for
non-criminal bonds include cash, wire transfers and Local Attorney Trust Fund checks (checks must state it is trust account in the commercially preprinted
Payments made by a Wire Transfer, a Bond Wire Form or
Bond Forfeiture Wire Form will need to be completed and submitted to
Trust Response for processing. **Note** Wire transfers will only be accepted for
individuals that are in custody in Maricopa County. Transfers made for individuals in custody outside of Maricopa County may be rejected and returned to sender.
For additional questions regarding custody bonds, please contact the 4th Avenue jail at (602) 876-0322.
- Criminal bonds will not be accepted for a person who is in-custody in another state
- Criminal bonds are accepted when one of the following conditions are met:
- The defendant is in custody in a Maricopa County Jail
- The defendant is in Maricopa County and must be present at the time the bond is paid to receive actual notice of the time, date and place of his/her court appearance
- If a defendant is at liberty, but in another county other than Maricopa County and wants to post the bond by a third party the following conditions are required: a party other than the defendant posts bond must present a notarized affidavit in which the defendant acknowledges the time, date and place of his/her court appearance. The affidavit must contain the statement: "I have been informed of the date, time and place of my court appearance in Arizona and if I fail to appear I am in violation of my release conditions and voluntarily waive extradition to Maricopa County, Arizona from whatever place I am found".
The jail will be notified the following business day for all criminal bonds paid to the Clerk's Office after 4:30PM.
A non-refundable trust handling fee of $27.00 will be charged pursuant to ARS 12-284(E) each time a non-criminal bond is paid.
Surety (Paper) bonds for criminal bail bonds can be obtained through a bail-bonding agency and are accepted at the north entrance of the 4th Avenue Jail, located at 201 S.
4th Avenue, Phoenix AZ 85003.
In-Custody bond payments are also accepted 24 hours a day at the north entrance of the 4th Avenue jail. For further information, including the Sheriff's Office 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.
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 bonds must be
submitted to the court for review; the court will determine if the property qualifies for the posting of bond. Requirements Include:
Release of Funds
- 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
The release of trust 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 of release including a Judge or Commissioner's actual signature. A facsimile stamp is not acceptable.
Orders of release must be specific on the following points:
- Exact amount of money to be released, stated in specific dollars and cents
- For funds held in an interest-bearing account, the order must include the amount of the original bond, stated in specific dollars and cents and the phrase, "all accrued interest"
- The accrued interest will not be released until a completed W-9 Form: Request for Taxpayer Identification Number and Certification is on file with our office
- The full name, including applicable suffixes, of the person or entity to whom the funds is to be payable to
- An address to which a check will be mailed to
**Note** The Clerk's Accounting Department is inaccessible to the public; therefore, office policy requires all checks be mailed with no exceptions
Criminal cases require the original or certified copy of the order of exoneration including a Judge or Commissioner's actual signature. A facsimile stamp is not acceptable.
Surety (Paper) Bonds require a certified copy of an order of exoneration including a Judge or Commissioner's actual signature; a facsimile stamp is not acceptable. The order must
be taken to the bonding company for processing.
For any issue regarding Surety Bonds, please contact the Arizona Department of Insurance.
- Funds are released to the party posting the bond unless otherwise directed by court order
- A check will be mailed to the address provided at the time bond was posted
Court orders for release of bond funds received before 5:00 p.m. will be processed the following 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.
Trust funds will be released only in the form of a Clerk of the Superior Court check.
Affidavits of Assignments
- The Clerk's Office no longer accepts Affidavits of Assignments. 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 in which a
stop payment is placed.
- 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
whom the court order releases funds to. The requesting party's signature must be notarized by a Notary Public.
Additional Information regarding the deposit, release or to update your address, please email
or call (602) 37-CLERK (25375).