Tennessee Code Annotated
Tenn. Code Ann. § 40-11-201 (2026)
Conditional judgment on failure to appear
✓ current as of May 2026
- (a) If the defendant who gives bail or makes a cash deposit as provided in part 1 of this chapter does not appear according to the undertaking, a conditional judgment may be entered against the defendant and the defendant's sureties, or against the defendant alone, in case of a deposit, or the court may grant an extension.
- (b) No forfeiture or conditional forfeiture of any appearance or bail bond shall be rendered in any case where a statement of a licensed physician is furnished to the court showing that the principal in the bond is prevented from attending by some mental or physical disability, or where evidence of the defendant's incarceration is furnished to the court.
- (c) The appearance or bail bond shall remain in full force and effect until the principal is physically or mentally able to appear, or until a detainer against the principal is filed with the detaining authority. On the filing of a detainer, the bondsman and sureties shall remain liable for the expenses of returning the principal to this jurisdiction for trial when the principal is released by the detaining authority. If the detainer request is refused or if the detaining authority releases the principal notwithstanding the filing of the detainer, the surety shall not be liable in the undertaking. It shall be the duty of the bondsman or surety to present to the presiding court, in a timely manner, all appropriate documentation evidencing that the detainer was properly filed or refused, or that the detaining authority released the principal notwithstanding the filing of the detainer. The liability of any bondsman or surety shall not exceed the amount of the bail bond. After trial, however, if it is necessary to return the principal to the detaining authority in another jurisdiction, all expenses incurred in the return shall be paid by the state of Tennessee. As used in this subsection (c), "detainer" includes any means of requesting a defendant be returned to this jurisdiction, including, but not limited to, a detainer, habeas corpus, or extradition.
Amended by 2017 Tenn. Acts, ch. 100,s 1, eff. 4/4/2017.
Amended by 2015 Tenn. Acts, ch. 517,s 1, eff. 5/20/2015.
Code 1858, § 5177; Shan., § 7141; Code 1932, § 11688; modified; Acts 1967, ch. 333, § 1; 1977, ch. 370, § 1; T.C.A. (orig. ed.), § 40-1301; Acts 1988, ch. 579, § 1; 2007, ch. 255, §§ 1, 2; 2008, ch. 1131, § 1; 2010, ch. 866, § 1.
Notes of Decisions
Cited in 30
cases (7 in the last 5 years), 1983–2026 · leading case: In Re Paul's Bonding Co., Inc., 62 S.W.3d 187 (Tenn. Crim. App. 2001).
In Re Paul's Bonding Co., Inc., 62 S.W.3d 187 (Tenn. Crim. App. 2001). “The forfeiture of bail bonds is governed by Tenn.Code Ann. § 40-11-201 through § 40-11-215, the requirements of which statutory provisions are largely reflected in the trial court proceedings in the instant cases.”
State v. Shredeh, 909 S.W.2d 833 (Tenn. Crim. App. 1995). “Tenn.Code Ann. §§ 40-11-201 through -215.”
Indem. Ins. Co. of North Am. v. Blackwell, 653 S.W.2d 262 (Tenn. Ct. App. 1983). “T.C.A. § 40-11-201. Since the surety is bound to produce its principal to fulfill its obligations as surety, a judgment nisi is immediately obtained against the surety in the amount of the bond.”
State of Tennessee v. Edward Alan Scarbrough, alias, Int'l Fid. Ins. Co., 72 S.W.3d 667 (Tenn. Crim. App. 2001). “Tenn.Code Ann. §§ 40-11-201 through -215.”
In re: Speedy Release Bail Bonds (Tenn. Crim. App. 2002). “Analysis Tenn. Code Ann. § 40-11-201 (a) (1997) authorizes a trial court to enter a conditional judgment of forfeiture against a defendant and his sureties when a defendant fails to appear in court in accordance with a bail bond agreement.”
State of Tennessee v. Jose S. Loredo (In Re A Close Bonding Co., LLC, Sur.) (Tenn. Crim. App. 2024). “Specifically, Tenn. Code Ann. § 40-11-201 (a) (1997) authorizes a trial court to enter a conditional judgment of forfeiture against a defendant and his sureties when a defendant fails to appear in court in accordance with a bail bond agreement.”
State of Tennessee v. Michael N. Allen, A/K/A Michael B. Carta in Re: Sanford & Sons Bail Bonds, Inc. (Tenn. Crim. App. 2004). “The forfeiture of bail bonds is governed by Tennessee Code Annotated sections 40-11-201 through 40-11-215. Tennessee Code Annotated section 40-11-201(a) authorizes a trial court to enter a conditional judgment of forfeiture against a defendant and his sureties when a defendant…”
State of Tennessee v. Abdirizak Omar Yussuf (Tenn. Crim. App. 2009). “The forfeiture of bail bonds is governed by Tennessee Code Annotated sections 40-11-201 through 40-11-215. Specifically, Tennessee Code Annotated section 40-11-201(a) authorizes a trial court to enter a conditional judgment of forfeiture against a defendant and his sureties when…”
State of Tennessee v. Clayton Nelvis (Tenn. Crim. App. 2025). “Tenn. Code Ann. §§ 40-11-201 (a), -139(a).”
In re: Guy James Bonding (Tenn. Crim. App. 2004). “Analysis The forfeiture of bail bonds is governed by Tennessee Code Annotated sections 40-11-201 through 40-11-215. Specifically, Tennessee Code Annotated section 40-11-201(a) (1997) provides that a trial court may enter a conditional judgment of forfeiture against a defendant…”
State of Tennessee v. Maximo Marin In Re: E-Z Out Bail Agency (Tenn. Crim. App. 2011). “T.C.A. §§ 40-11-201 to -215 (2006). When the defendant fails to appear as required, the issuance of scire facias requires sureties to give reasons why a forfeiture of bail should not become final.”
State of Tennessee v. Robert Bradley, Jr. (Tenn. Crim. App. 2005). “Tenn. Code Ann. § 40-11-201 (c). After review of the relevant statutes, we conclude that the Appellant was released from his surety obligations by virtue of the principal’s guilty pleas on September 26, 2003, and because no valid final forfeiture was in effect at the time, the…”
— Tenn. Code Ann. § 40-11-201(a) — 9 cases
State of Tennessee v. Maximo Marin In Re: E-Z Out Bail Agency (Tenn. Crim. App. 2011). “T.C.A. §§ 40-11-201 to -215 (2006). When the defendant fails to appear as required, the issuance of scire facias requires sureties to give reasons why a forfeiture of bail should not become final.”
State of Tennessee v. Abdirizak Omar Yussuf (Tenn. Crim. App. 2009). “The forfeiture of bail bonds is governed by Tennessee Code Annotated sections 40-11-201 through 40-11-215. Specifically, Tennessee Code Annotated section 40-11-201(a) authorizes a trial court to enter a conditional judgment of forfeiture against a defendant and his sureties when…”
State of Tennessee v. Antoni Danta Hix (Tenn. Crim. App. 2009).
State of Tennessee v. Carlos Cabellero-Grajeda In Re: E & W Bonding (Tenn. Crim. App. 2005).
In Re: AB Bonding Co., Inc. (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 40-11-201(b) — 4 cases
State of Tennessee v. Michael N. Allen, A/K/A Michael B. Carta in Re: Sanford & Sons Bail Bonds, Inc. (Tenn. Crim. App. 2004). “The forfeiture of bail bonds is governed by Tennessee Code Annotated sections 40-11-201 through 40-11-215. Tennessee Code Annotated section 40-11-201(a) authorizes a trial court to enter a conditional judgment of forfeiture against a defendant and his sureties when a defendant…”
State of Tennessee v. Clayton Nelvis (Tenn. Crim. App. 2025). “Tenn. Code Ann. §§ 40-11-201 (a), -139(a).”
State of Tennessee v. Jerrod James (In Re: AA/AAA Bonding Co.) (Tenn. Crim. App. 2026).
State of Tennessee v. Taria Funyette Scott In Re: Danny Blankenship Bonding Co. (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 40-11-201(c) — 2 cases
State of Tennessee v. Jose S. Loredo (In Re A Close Bonding Co., LLC, Sur.) (Tenn. Crim. App. 2024). “Specifically, Tenn. Code Ann. § 40-11-201 (a) (1997) authorizes a trial court to enter a conditional judgment of forfeiture against a defendant and his sureties when a defendant fails to appear in court in accordance with a bail bond agreement.”
State of Tennessee v. Abdirizak Omar Yussuf (Tenn. Crim. App. 2009). “The forfeiture of bail bonds is governed by Tennessee Code Annotated sections 40-11-201 through 40-11-215. Specifically, Tennessee Code Annotated section 40-11-201(a) authorizes a trial court to enter a conditional judgment of forfeiture against a defendant and his sureties when…”
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