One of my duties w/the Co. Atty's office is handling the bond forfeiture docket. Being fairly new to it, I am trying to learn it as I go.

Got hit w/this the other day by a bond co. They had tried to get off the bond prior to the Defendant's court date and the judge refused. The Def. FTA'ed and we attempted to collect.

Bond Co. used this affirmative defense. Judge agreed and can't say that I can find a different way to read it. Just to make sure I understand, IF the bond co. tries to get off a bond, for pretty much whatever reason they come up with, they are relieved of any liability, whether the court lets them off or denies it?

That being the case, how do you prevent this from being abused? Just to clarify, I do not think that this bond co. was abusing it. I really think that they felt the def. was going to jet. Just curious as to why a bond co. wouldn't do this for all of them (other than the fact that would probably be bad for business and/or if the county has a bond board, they would probably frown upon)?

Is this just a loop hole, or am i reading this all wrong? Is there something I am missing? Is there any rational reason for this?

Thanks,

Joel

Under CCP Art. 17.19 the judge must find cause for the surrender. If no good cause is found, the judge may refuse. It becomes an affirmative defense only if there is cause and the judge refuses.

The finding of cause and granting a request for surrrender does not excuse the bondsman from liability if the defendant fails to appear.

Remember, too, that you are entitled to a hearing on whether the ASSP was proper even if it is granted. The hearing may be well after the fact. The penalty for going off the bond without good cause is refund of the fee. See Tex. Occ. Code Ann. sec. 1704.207 (b) (Vernon Supp. 2004).