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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30383
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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When a surety bond is signed by an individual of ones family

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When a surety bond is signed by an individual of ones family and then finds that the family member will not show up for the designated court appearance, does the individual that has signed the surety bond have any recourse to get the bond revoked? and if not then what will take place?

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Unfortunately, there is not any way to revoke an agreement to pay a bond. A bond is put up to ensure a person's court appearance. The defendant is only released from custody because of that promise to pay if he doesn't show up. That means that, even if the bond could be rescinded, the defendant would have to go to jail before a judge would allow it. If your son doesn't show up in court, the bond that you posted on his behalf will be forfeited - which means that you could lose your home. I don't know if there is any way to impress upon your son the severity of that to get him to go to the court date. If he doesn't appear, at all scheduled appearances, the judge can forfeit the bond. The judge can also order you to pay any remaining balance, although you may get time to do it. I don't know how much the bond is, but if at all possible, you may want to see if can get a loan to cover it and at save your home.

I realize that this is small consolation, but you would have a right to sue your son for any money he cost you as a result of his behavior. Unfortunately, that's not going to resolve this issue in the short term. I really hope that he makes it to the hearing.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
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Customer: replied 5 years ago.
The bond amount was for $20,000 in the form of a suerty and we covered the 10% as is required, so with that said do I have any recourse with the bond company to ask them to revoke the bond? before the court date?
They cannot revoke the bond, again, without physically producing your son in court. The bond is to ensure his appearance, so a judge isn't going to release anyone from the contract without your son being there so that he can go to jail and await the final resolution of his case. The bond company is very unlikely to pre-emptively pick your son up and forcibly return him to the jail, because they really don't have any legal right or obligation to do that UNTIL he misses the court date.

You can try to work with the company, though, regarding the $2,000 that you put up. See if they'll accept payments on it. They may prefer to try to work with you, if you can pay something each month, because they really don't want to own a house. Plus, they'd have to repay the bank before they could keep any remaining monies from a sale so, when you factor in the cost of a foreclosure, it likely wouldn't be considered worth it to them. Try calling them to see if they have any other options available. Legally, though, the contract that you signed is binding on you. There's no right to cancel it. I'm sorry.