BY | July 5, 2023

A resumption of liability when it comes to bail bonds refers to the legal proceeding that takes place when a bond has been surrendered or revoked. The bail agent or the surety is then responsible for the remaining obligations as part of the bail bond and it's important that we delve into the ins and outs of the resumption of liability to be able to understand it.

In this article, we're going to take a look at what it all entails and when it occurs, and also what the implications are for bail bonds agents and securities.

What does ‘resumption of liability’ mean?

When it comes to bail bonds, the resumption of liability is the concept that Points to those situations where a bond has been revoked or canceled. For example, if a defendant on bond is out of jail but then breaches their bail conditions, their bail bond can be revoked and they can be sent back to jail.

In such cases like this, a bail agent or a surety who issued the original bond is therefore responsible for fulfilling the obligations that remain. This includes ensuring that the defendant does appear in court. The bail agent or surety will enter a contract with the court where a bail bond is issued. This contract holds them accountable for the defendant's compliance. So if you have bailed out a partner or a friend, you are therefore assuming the responsibility for them while they are on bail. This means ensuring that they go to court when told, and they appear when they're supposed to. However, if the defendant then fails to appear in court or they violate the terms given to them on that bond. The court can revoke the bond and then that still triggers the resumption of liability for you.

What is the process?

When the court decides that the bail bond must be revoked due to the non compliance of the defendant, the process of resumption of liability starts. It's at this point that the bail agent is notified of the bond revocation and the ensuring resumption of liability. There are specific procedures and timelines involved, and these can vary depending on the jurisdiction as well as the terms of the original bond agreement.

Once that liability has been triggered, the bail agent has to act immediately to address the situation. Not only do they have to locate and detain the defendant, they might have to work with the bail recovery agent, such as a bounty hunter, to ensure that the defendant has been brought back into custody where they're supposed to be. This can cause some significant financial liabilities for the bail agent. It can also be a logistical challenge if you don't know where the defendant may be.

The other downside to a resumption of liability is that as the surety or bail agent, you may be required to pay the full bail amount to the court. This is usually in the case where the defendant cannot be located because they have absconded and gone off the map. It's this payment that covers the liability that is associated with the bail bond and it ensures that the court isn't suffering any financial losses.The defendant's non compliance is a problem for the bail bond and not just for the court or the defendant. So it's a joint effort to make sure that the defendant does not abscond and does return to custody as soon as possible.

What are the implications?

There are huge implications for both agents and sureties involved in the process of resumption of liability. Bail agents have to collaborate with outsourced bounty hunters and invest in additional resources to ensure that their obligations are fulfilled. The resumption of liability ensures that the bail agents have to assume the responsibility for apprehending the defendant, which is a big job.

For sureties, the resumption of liability can have financial consequences, especially if the defendant cannot be located. Sureties would then be required to pay the full bail amount to the court directly, and that can result in some huge financial losses for the company. It's vital that companies do their due diligence before they issue a bail bond and evaluate the risk factors of the defendant. It's all well and good to help somebody be released on bail, but if you can't trust that they will return to where they’re supposed to be or adhere to their bail conditions, then it's going to be a problem for a business as well As for bail agents.

Accurate records are maintained for both bail agents and sureties, as well as the diligent monitoring of the defendants movements and whereabouts. This can mitigate the resumption of liability. If you don't do these things, then the severe legal and financial repercussions are not going to be helpful for anybody, least of all the bail agents and the charities involved.

The resumption of liability is a big part of the legal process, especially in California. Understanding what bail agents are securities must do to ensure that defendants are back where they should be is important. Understanding the consequences of breaking a bond is not just the dependence responsibility either, but the responsibility of the bail agent or the surety. There are challenges to be navigated but now that you understand how it works, it should make it easier to make the decision of whether to issue a bail bond or not.

You should be able to operate with confidence when it comes to supporting a defendant on bail. As long as you have a solid understanding of the resumption of liability, you can uphold the responsibilities bestowed to you as part of the legal justice system. Once you understand how to resume liability on a bail bond, you can better understand your position as a bail agent or surety guaranteeing the freedom of a defendant awaiting their trial.