What is Consent of Surety?

//What is Consent of Surety?

What is Consent of Surety?

A surety is a person or firm (such as a bank, bonding company, insurance company) that agrees to be primarily liable for the conduct, obligation, or performance of another. The surety who pays the debt of a borrower-in-default, in general, automatically acquires an assignment of a creditor’s legal right to recover the amount paid from the borrower.

Federal law defines Consent of Surety (sometimes referred to as an Agreement to Bond) as the consent a contracting party must receive from the surety on changes made to an initial contract.

What is the need for Consent of Surety?

A Consent of Surety is a written document that you may get from your bail-bonding agent. However, bail-bonding agents are not required to give you a Consent of Surety. If you cannot get a Consent of Surety, you may be required to post a new bond. You may need a Consent of Surety for a Bond Reinstatement – If you have received a Failure To Appear (This is a term that can generally only be handed down by a judge. The failure to appear means what it says; someone who was supposed to be in court did not show up also known as an FTA), the bond may be void unless you obtain a consent; or for a Bond Continuance If you are convicted, plead guilty, nolo contendere, or there is an order of deferred prosecution or deferred judgment, your bond will automatically expire unless you obtain a consent of surety for the appearance bond to continue until your sentencing date.

If the bond-agent gives you a Consent of Surety they are not legally allowed to charge you a consent fee to stay on a bail bond.

The actual wording of the Consent of Surety depends on the circumstances, and must be thoroughly reviewed by all parties involved.

This is a general article for example purposes.  As always, please contact us at 979-821-2663 regarding your specific case.

By | 2017-01-06T07:07:38+00:00 January 19th, 2017|Categories: Glossary Definitions|0 Comments

About the Author:

Gage Gandy Bail Bonds has been in business since 1996. The founder and owner Gage Gandy is a graduate of Texas A&M University and a life long native of Bryan-College Station. Gage has years of experience in helping families with bailing their loved ones out of jail very fast. He takes his bail bonds business very seriously, and it is without a doubt one of the biggest priorities in his life.

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