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Eastern District of Texas

Honorable Rodney Gilstrap, Chief Judge
David A. O'Toole, Clerk of Court

Bonds and Power of Attorney

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Requirements for a Bond to Stay Proceedings Enforcing a Judgment, Include a Surety Bond

Please see the filing requirements found in Local Rule CV-62.

The U.S. Treasury’s list of companies approved to provide surety is updated quarterly, so you must check it each time you file a surety bond.

U.S. Treasury approved surety companies must also appoint federal process agents in accordance with 31 U.S.C. § 9306 and 31 CFR 224. These authorities require a power of attorney to be filed when a surety company wishes to provide a surety bond in a district outside the state under whose laws it was incorporated and in which its principal office is located. The power of attorney will appoint a resident agent for service of process in the judicial district. To confirm if a power of attorney is on file with the clerk’s office for a particular company, please call 903-590-1060.

Requirements When a Surety Company is Required to File a Power of Attorney

Pursuant to section (b) of 31 U.S.C. § 9306, a surety corporation that meets the requirement of subsection (a) by appointing an individual under subsection (a)(2), shall file a certified copy of the power of attorney with the clerk of the district court for the district in which a surety bond is to be given at each place the court sits. Therefore, when a surety company was not incorporated in the state of Texas, six certified copies are required to be filed. Please mail the six certified copies of an appropriately prepared Power of Attorney form that names a registered agent who is a resident of this district (the power of attorney should indicate the city in which the registered agent resides), along with the required payment for a power of attorney, to the clerk’s office in the Tyler Division:

William M. Steger Federal Building and United States Courthouse
211 West Ferguson Street Room 106
Tyler, Texas 75702