How to Cancel a Bail Bond in Tennessee
When posting a bail bond for someone you know or close to you, you had nothing but good intentions. While you didn’t take this decision lightly, as time goes by, you may begin to doubt if this was the right thing to do.
If you wish to cancel a bail bond, it’s because you have your reasons to do so. It may be because you no longer trust the person you helped or you simply aren’t comfortable being held financially responsible for someone else’s mistakes. Whatever your circumstances are, the good news is that it may still be possible to remove your name from a bail bond as a cosigner.
Smiley Bail Bonds is a reputable bail bond company that has served Nashville, Tennessee, and the surrounding communities for over two decades. We can help you understand your options for canceling a bail bond if you regret posting bail for someone else.
What Is a Bail Bond?
A bail bond is a financial agreement that allows a defendant to be released from jail while awaiting trial. It’s a financial guarantee to the court, ensuring that a defendant appears for their scheduled court dates. A bail bond is a contract between the court, the bail bond company, the defendant, and also a cosigner. Bail bonds are an integral part of the justice system, as they aim to balance the presumption of innocence with the need to ensure the defendant's return to court.
In Tennessee, courts consider a plethora of factors specified in T.C.A §40-11-118 when determining the appropriate amount of bail. These factors include but are not limited to the offense committed, how long the defendant has been a resident of the community, the defendant’s relationships and family ties, the defendant’s employment status and financial stability, and others.
How Do Bail Bonds Work?
When someone is arrested, they may be offered the chance to post bail as a way to be released from jail while awaiting trial. If the bail amount is too high to pay out-of-pocket, a bail bond company can step in. The company covers the full bail amount in exchange for a relatively small fee, usually around 10-15% of the total bail. The defendant must then comply with any conditions set by the court, such as attending all court hearings. Failure to comply can lead to revocation of the bail bond, and the bondsman may involve bounty hunters to locate and return the defendant to custody.
Who Is a Cosigner?
A cosigner is someone who agrees to be financially responsible if the defendant fails to appear in court. The cosigner guarantees the bail bond and is financially liable for the full bail amount if the defendant fails to appear in court or violates any conditions of their release.
Cosigning a bail bond comes with significant risks:
Financial liability: If the defendant skips bail, the cosigner must pay the full bail amount.
Asset forfeiture: Collateral provided (like property) could be seized by the bail bond company.
Credit impact: Defaulting on payments could negatively affect the cosigner's credit score.
The decision to become a cosigner should never be taken lightly, as it involves both financial and personal risks.
Is It Possible to Be Removed from a Bail Bond as a Cosigner?
Yes, under specific circumstances, a cosigner can be released from their obligation. However, this often depends on the terms set by the bail bond company and the court. Situations when it may be possible for the cosigner to get their name removed from a bail bond include:
Change in defendant's circumstances: If the defendant is re-arrested or has violated bail conditions, the cosigner may petition for removal due to increased risk.
Change in financial situation: A cosigner who experiences a substantial change in financial status may request removal due to inability to continue financial responsibility.
Change in relationship: If the relationship between the cosigner and defendant deteriorates, the cosigner may seek removal to mitigate personal risk.
Court decision: A court may remove a cosigner if it deems it appropriate.
Agreement with bail bond company: The company may agree to release the cosigner if they find a replacement.
Completion of case: Once the defendant fulfills court obligations, the bond is typically dissolved and the cosigner is no longer responsible for the amount of the bail.
As a cosigner who wishes to remove his or her name from a bail bond, you need to take proactive steps if you are concerned that the court could revoke the bail bond. If the bail bond is revoked, the court won’t repay the bail amount.
The Process of Canceling a Bail Bond in Tennessee
If you wish to cancel a bail bond, you will have to follow several steps:
Contact the bail bond company: Begin by discussing your desire to withdraw as a cosigner with the company. Be prepared to explain your reasons.
Review the contract: Understand the terms and conditions you agreed to when signing the bond. If anything seems unclear, have the bail bond company’s representative explain it to you in plain language.
File a request: Submit a formal request to the bail bond company to remove your name. This may require legal documentation or additional steps depending on the company.
Attend court hearings: Be present at any necessary court proceedings regarding the bond cancellation.
Canceling a bail bond requires careful consideration and adherence to legal procedures. No matter why you wish to get your name off someone’s bail bond, you might want to discuss your best course of action with the bail bond company’s representatives to minimize legal and financial risks.
Let Us Help You Understand Your Options
Everyone’s situation is unique, which is why some cosigners may encounter challenges when trying to remove their name from a bail bond. At Smiley Bail Bonds, we always strive to set fair and reasonable terms for both defendants who need immediate assistance but lack sufficient funds and cosigners who wish to help their close friends or relatives during a difficult time.
We recognize that circumstances might change and there may come a time when a cosigner wishes to get their name removed from the bail bond. When this happens, we help cosigners understand the options available to them and walk them through their next steps. Smiley Bail Bonds serves clients throughout Tennessee, including Nashville, Murfreesboro, Lebanon, Gallatin, and surrounding areas. Call today to discuss your situation. We offer free and confidential bail information 24/7.