What Does Bond Forfeiture Mean?
If you or someone you care about is dealing with a bond forfeiture following an arrest, seeking legal guidance is one of the smartest decisions you can make.
For over 20 years, Smiley Bail Bonds has provided fast, reliable service to communities across Tennessee from its offices in Nashville, Lebanon, Gallatin, and Murfreesboro. From addressing urgent questions about bail bonds to clarifying terms like bond forfeiture, we’re here to support you through every step.
Using our in-depth experience in the bail bond process, this blog aims to clarify what you should expect during a bond forfeiture and the steps you can take.
What is Bond Forfeiture?
Bond forfeiture occurs when someone released on bond fails to meet the terms agreed upon during their release, most commonly failing to show up for their court date.
When this happens, the court declares the bond to be forfeited; this typically has financial and legal consequences for the defendant and the person who posted the bond (often referred to as the indemnitor or co-signer).
Simply put, bond forfeiture means that the bond amount, whether paid in cash or secured by collateral, is seized as a penalty for not fulfilling the terms of the bond agreement.
Bond forfeiture can create deeper complications, including additional legal charges or re-arrest. Therefore, it's important to understand how bond forfeiture works to help you avoid these complications and meet your obligations.
What Happens After Bond Forfeiture is Declared?
A court can order the forfeiture of a bond when the defendant fails to appear as required. The process typically involves several steps, which can be broken down into the following.
Failure to appear is recorded: The court officially notes the defendant’s absence on their scheduled court date. This is often referred to as an FTA (failure to appear).
Forfeiture notice is sent: Once forfeiture is declared, the court sends a notice to both the defendant and the indemnitor. This notice informs them that the bond amount is at risk of collection, or the collateral may be subject to seizure.
Grace period for compliance: Many jurisdictions, including Tennessee, offer a grace period for the defendant to appear voluntarily or for the indemnitor to provide a valid explanation for the absence. This time frame varies but is typically between 30 to 90 days.
Collection efforts begin: If the defendant does not appear within the grace period, the bond posting company may be required to pay the full bond amount to the court. To recover these costs, the bonding company may then take action to collect payments from the indemnitor.
Re-arrest warrant issued: In addition to the forfeiture process, the court will likely issue a bench warrant for the defendant's arrest. This authorizes law enforcement to actively locate and detain the individual.
Legal action against the indemnitor: For those who used a bail bondsman, the bonding company may pursue repayment from the indemnitor through legal action if the full bond amount is seized.
Bond Forfeiture Laws in Tennessee
In Tennessee, the bail bond process is regulated by the Tennessee Code Annotated (TCA), which outlines the rules for bond forfeiture in sections § 40-11-201 to § 40-11-215. According to these statutes, Tennessee law allows for the following:
If the defendant does not appear, the court is required to forfeit the bond, provided that proper notice of the hearing has been duly served.
Tennessee law allows the court to accept “good cause” explanations for a non-appearance, which could void the forfeiture. For example, unavoidable circumstances like severe illness or emergencies may be reviewed by the court.
Once forfeiture is declared, the bail bond company (or sureties) typically has up to 180 days to locate and return the defendant to the court. If they fail to do so within this time frame, they must pay the full bond amount.
Tennessee takes bond forfeiture seriously, but some provisions allow defendants or their co-signers to work toward resolving the situation.
How to Avoid Bond Forfeiture
Preventing bond forfeiture largely comes down to adhering to the agreed-upon release terms. Some steps you can take to help avoid bond forfeiture include:
Keep track of your court dates: The most common cause of bond forfeiture is simply forgetting to appear in court. Mark all court dates on your calendar and set reminders to stay on track.
Maintain communication: If circumstances affect your ability to appear in court, notify the court or your bail bondsman immediately. Proactive communication can sometimes allow for alternate solutions.
Follow bail conditions: Conditions may vary and could include restrictions such as remaining within a designated geographic area or refraining from contact with specific individuals. You must follow these requirements carefully and consistently.
Choose a reliable bail bondsman: Partnering with trusted professionals like Smiley Bail Bonds can make all the difference. We provide clear guidance on your responsibilities and closely monitor your case to make sure nothing is missed. This personalized support is essential during challenging legal situations.
Bail Bondsman in Nashville, Tennessee
For over 20 years, Smiley Bail Bonds has served Nashville, Tennessee, and surrounding communities, including Lebanon, Gallatin, Murfreesboro, Manchester, Brentwood, Franklin, Dickson, Lewisburg, Lynchburg, Jackson, Memphis, Chattanooga, and Knoxville.
As a family-owned business, we provide fast, trustworthy support for clients when they need it most. We support you throughout the process, from securing your release to guiding you through court proceedings. Call Nashville’s most dependable bail bond company today.