Tennessee Code Annotated
Tenn. Code Ann. § 40-11-126 (2026)
"Unprofessional conduct" defined for bondsmen and surety agents
✓ current as of May 2026
In addition to the criminal sanctions elsewhere provided by law, the following is deemed unprofessional conduct and no bondsman or surety agent shall:
- (1) Suggest or advise the employment of or name for employment any particular attorney to represent the bondsman's principal;
- (2) Pay a fee or rebate or give or promise anything of value to any clerk of court, jailer, police officer, peace officer, committing magistrate or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission or reduction of the amount of any bail bond or the forfeiture of the bail bond;
- (3) Pay a fee or rebate or give anything of value to an attorney in bail bond matters except in defense of any action on a bond;
- (4) Pay a fee or rebate or give or promise anything of value to the principal or anyone in the principal's behalf;
- (5) Participate in the capacity of an attorney at a trial or hearing of one on whose bond the person is a surety;
- (6) Solicit business directly or indirectly, by active or passive means, or engage in any other conduct which may reasonably be construed as intended for the purpose of solicitation of business in any place where prisoners are confined or in any place immediately surrounding where prisoners are confined;
- (7) Surrender a principal or ask any court to be relieved from a bail bond arbitrarily or without good cause;
- (8) Accept anything of value from a principal except the premium; provided, that the bondsman shall be permitted to accept collateral security or other indemnity from the principal which shall be returned upon final termination of liability on the bond. The collateral security or other indemnity required by the bondsman must be reasonable in relation to the amount of the bond. When a bail bondsman accepts collateral, the bondsman shall give a written receipt for the collateral, and this receipt shall give in detail a full description of the collateral received and the terms of redemption; or
- (9) Engage in the business of a professional bondsman or surety without maintaining a permanent business office, business telephone and appropriate signage indicating that the office is a professional bail bond business.
Acts 1978, ch. 506, § 39; T.C.A., § 40-1226; Acts 2001, ch. 281, § 1; 2008, ch. 1030, §§ 1, 2; 2009, ch. 239, § 1.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1998–2026 · leading case: State v. AAA Aaron's Action Agency Bail Bonds, Inc..
State v. AAA Aaron's Action Agency Bail Bonds, Inc. (Tenn. Crim. App. 1998). “May 31, 1988). If a trial court suspends a bondsman from making bonds, the bondsman has a right to receive notice of the action taken and a copy of the charges that brought about the suspension.”
In Re Ann Blankenship (d/b/a Ann Blankenship Bonding) (Tenn. Crim. App. 2025). “We find these dual business locations to be a violation of Tenn. Code Ann. § 40-11-126 (9) and affirm the trial court’s finding.”
State of Tennessee v. C. Curtis Brown (Tenn. Crim. App. 2001). “(3) Is guilty of professional misconduct as described in § 40-11-126. Furthermore, Tennessee Code Annotated section 40-11-126(6) provides: [T]he following is deemed unprofessional conduct, and no bondsman or surety agent shall: .”
In re: Am. Bonding Co. (Tenn. Crim. App. 2013). “” T.C.A. § 40-11-126(6). The statute also mandates the procedure which the court must take to suspend the bonding agent: Any court withholding, withdrawing or suspending a bondsman or other surety under this section shall notify the bondsman in writing of the action taken,…”
In Re: A-action Bonding Co. (Tenn. Crim. App. 2014). “[i]s guilty of professional misconduct as described in § 40-11-126.” Tenn. Code Ann. § 40-11-125 (a)(3) (2010).”
State v. James Conrad (Tenn. Crim. App. 2000). “Tenn. Code Ann. § 40-11-301 (a), (b) (1997); see also Tenn.”
In Re: Cumberland Bail Bonding Co. (Tenn. Crim. App. 2013). “And that says in [subpart] “a” that if he’s been guilty of [violating] any of the laws of the State relating to bail bonds, if he’s had a final judgment of forfeiture [entered] against him or is guilty of professional misconduct [as described in Code section 40-11-126], those…”
In Re: A Way Out Bonding (Tenn. Crim. App. 2013). “a) provides that a trial court may withhold approval of a professional bondsman if it appears that the bondsman (1) has been guilty of violating any state law regarding bail bonds, (2) has had a judgment of forfeiture entered against the bondsman and the judgment remains…”
In Re: Am. Bonding Co. (Tenn. Crim. App. 2015). “The record reflects that as far back as 2002, Leah Hulan, the President of Grumpy’s Bail Bonds, filed a complaint with the Williamson County courts regarding three instances in which American Bonding Company allegedly solicited bonds in a place where prisoners were confined, an…”
In Re: A-River City Bail Bond, Inc. (Tenn. Crim. App. 2016). “fessional bondsmen‟s approval to write bonds may be withheld, withdrawn, or suspended if, after investigation, it appears that the bondsman: (1) Has been guilty of violating any of the laws of this state relating to bail bonds; (2) Has a final judgment of forfeiture entered…”
In Re: Cumberland Bail Bonding (Tenn. Crim. App. 2019). “fessional bondsmen’s approval to write bonds may be withheld, withdrawn, or suspended if, after investigation, it appears that the bondsman: (1) Has been guilty of violating any of the laws of this state relating to bail bonds; (2) Has a final judgment of forfeiture entered…”
State of Tennessee v. Jerrod James (In Re: AA/AAA Bonding Co.) (Tenn. Crim. App. 2026). “pproval” to write bonds may be summarily “withheld, withdrawn or suspended by any court if, after investigation, it appears that a bondsman: (1) Has been guilty of violating any of the laws of this state relating to bail bonds; (2) Has a final judgment of forfeiture entered…”
— Tenn. Code Ann. § 40-11-126(6) — 5 cases
State of Tennessee v. C. Curtis Brown (Tenn. Crim. App. 2001). “(3) Is guilty of professional misconduct as described in § 40-11-126. Furthermore, Tennessee Code Annotated section 40-11-126(6) provides: [T]he following is deemed unprofessional conduct, and no bondsman or surety agent shall: .”
In Re Ann Blankenship (d/b/a Ann Blankenship Bonding) (Tenn. Crim. App. 2025). “We find these dual business locations to be a violation of Tenn. Code Ann. § 40-11-126 (9) and affirm the trial court’s finding.”
In re: Am. Bonding Co. (Tenn. Crim. App. 2013). “” T.C.A. § 40-11-126(6). The statute also mandates the procedure which the court must take to suspend the bonding agent: Any court withholding, withdrawing or suspending a bondsman or other surety under this section shall notify the bondsman in writing of the action taken,…”
In Re: A-action Bonding Co. (Tenn. Crim. App. 2014). “[i]s guilty of professional misconduct as described in § 40-11-126.” Tenn. Code Ann. § 40-11-125 (a)(3) (2010).”
In Re: Am. Bonding Co. (Tenn. Crim. App. 2015). “The record reflects that as far back as 2002, Leah Hulan, the President of Grumpy’s Bail Bonds, filed a complaint with the Williamson County courts regarding three instances in which American Bonding Company allegedly solicited bonds in a place where prisoners were confined, an…”
— Tenn. Code Ann. § 40-11-126(8) — 1 case
State v. James Conrad (Tenn. Crim. App. 2000). “Tenn. Code Ann. § 40-11-301 (a), (b) (1997); see also Tenn.”
— Tenn. Code Ann. § 40-11-126(9) — 1 case
In Re Ann Blankenship (d/b/a Ann Blankenship Bonding) (Tenn. Crim. App. 2025). “We find these dual business locations to be a violation of Tenn. Code Ann. § 40-11-126 (9) and affirm the trial court’s finding.”
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