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.