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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 criminal and non-criminal bond monies; guaranteed payment types include cash, wire transfers and Local Attorney Trust Fund checks (checks must state it is a trust account in the commercially preprinted check information).

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 questions regarding custody bonds, please contact the 4th Avenue jail at (602) 876-0322.

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:
  • 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
Release of Funds
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 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
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.
  • 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
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.

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. Bond money 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
  • 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.
Address Change
  • 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.
More Information
Additional Information regarding the deposit, release or to update your address, please email or call (602)37-CLERK(25375).

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