Tennessee Code Annotated
Tenn. Code Ann. § 40-11-137 (2026)
Duty of bail bondsman or surety upon surrendering defendant - Hearing
✓ current as of May 2026
- (a) Upon surrendering the defendant, the bail bondsman or surety shall, as soon as is reasonably practicable, go before any court having jurisdiction authorized to admit to bail, and notify the officer of the surrender.
- (b)
- (1) Any court having jurisdiction so notified shall have the defendant brought before it as soon as practicable, and within seventy-two (72) hours, and determine whether or not the surrender was for good cause.
- (2)
- (A) If the court having jurisdiction finds that the surrender was arbitrary or not for good cause, it may order the defendant rereleased upon the same undertaking or impose other conditions as provided by law.
- (B) If the surrender is found to be for good cause, the court having jurisdiction shall approve the surrender by endorsement upon the bail bond or by other writing, and it shall be the duty of the surrendering bail bondsman to deliver the written approval or copy of the approval to the sheriff.
- (3) This subsection (b) shall not apply where a surrender is based on a conditional or final judgment of forfeiture issued by the court having jurisdiction over the defendant.
- (c) The court shall fix the amount of premium to be refunded, if any.
Acts 1978, ch. 506, § 29; T.C.A., § 40-1237; Acts 2012 , ch. 685, § 1.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2010–2021 · leading case: State of Tennessee v. Taria Funyette Scott In Re: Danny Blankenship Bonding Co. (Tenn. Crim. App. 2014).
State of Tennessee v. Taria Funyette Scott In Re: Danny Blankenship Bonding Co. (Tenn. Crim. App. 2014). “At the time the Appellant surrendered the Defendant, Tennessee Code Annotated section 40-11-137 (2006) (amended 2012) provided: (a) Upon surrendering the defendant, the bail bondsman or surety shall, as soon as is reasonably practicable, go before any court having jurisdiction…”
State of Tennessee v. Ken Henry (Tenn. Crim. App. 2010). “” Notwithstanding the fact that the capias, which was then served on Henry, contained the notation, “HOLD W ITHOUT BOND,” the “Sheriff then released the defendant on the same bond before the Surety could come before the Court pursuant to T.C.A. § 40-11-137.” Moreover, it is…”
In re Tennessee Bonding Co. (2021). “Tenn. Code Ann. § 40-11-137 (2020) (emphasis added).”
Tenn. Code Ann. § 40-11-137(b)(1): 1 case
State of Tennessee v. Taria Funyette Scott In Re: Danny Blankenship Bonding Co. (Tenn. Crim. App. 2014). “At the time the Appellant surrendered the Defendant, Tennessee Code Annotated section 40-11-137 (2006) (amended 2012) provided: (a) Upon surrendering the defendant, the bail bondsman or surety shall, as soon as is reasonably practicable, go before any court having jurisdiction…”
Tenn. Code Ann. § 40-11-137(b)(3): 1 case
State of Tennessee v. Taria Funyette Scott In Re: Danny Blankenship Bonding Co. (Tenn. Crim. App. 2014). “At the time the Appellant surrendered the Defendant, Tennessee Code Annotated section 40-11-137 (2006) (amended 2012) provided: (a) Upon surrendering the defendant, the bail bondsman or surety shall, as soon as is reasonably practicable, go before any court having jurisdiction…”
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