Tenn. Code Ann. » Tenn. Code / Title 40 / Chapter 11 / Part 1
Tennessee Code Annotated

Tenn. Code Ann. § 40-11-120 (2026)

Forfeiture of defendant's bail deposit

✓ current as of May 2026
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If the defendant released upon recognizance under § 40-11-115 or posting bail bond under § 40-11-118 does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order or forfeiture shall be mailed forthwith by the clerk to the defendant at the defendant's last known address. If the defendant does not appear and surrender to the court having jurisdiction within thirty (30) days from the date of the forfeiture or, within that period, satisfy the court that appearance and surrender by the defendant are impossible and not the defendant's fault, the court shall enter judgment for the state against the defendant for the amount of the bail and costs of the court proceedings. The deposit made in accordance with § 40-11-118 shall be applied to payment of the judgment and costs. Any balance of the judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action.

Acts 1978, ch. 506, § 20; T.C.A., § 40-1220.

Notes of Decisions
Cited in 2 cases, 2005–2014 · leading case: State of Tennessee v. Robert Bradley, Jr. (Tenn. Crim. App. 2005).
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State of Tennessee v. Robert Bradley, Jr. (Tenn. Crim. App. 2005). · cites it 2× “Tennessee Code Annotated section 40-11-120 provides that, when the conditions of the bail bond are violated, “the court having jurisdiction shall enter an order declaring the bail to be forfeited.”
State of Tennessee v. Latickia Tashay Burgins (Tenn. Crim. App. 2014). · cites it 2× “The court, however, is not convinced that Wallace stands for the proposition espoused by the State.”
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