Tennessee Code Annotated
Tenn. Code Ann. § 40-11-204 (2026)
Relief on forfeited recognizances
✓ current as of May 2026
- (a)
- (1) Except as provided in subsection (b), the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims relief is merited on any recognizances forfeited, and so lessen or absolutely remit the same, less a clerk's commission of five percent (5%) of the original paid final forfeiture or one thousand dollars ($1,000), whichever is less, and do all and everything therein as they shall deem just and right, and consistent with the welfare of the state, as well as the person praying for relief. This power shall extend to the relief of those against whom final judgment has been entered whether or not the judgment has been paid, as well as to the relief of those against whom proceedings are in progress.
- (2) Cities, which have adopted home rule, may elect to authorize their city court judges to lessen or remit forfeitures in accordance with this section if those judges have jurisdiction to hear state misdemeanor cases.
- (b) In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the clerk's commission authorized by this section shall be ten percent (10%) of the forfeiture or one thousand dollars ($1,000), whichever is less.
Code 1858, §§ 5182, 5183 (deriv. Acts 1788, ch. 32, § 2); Acts 1915, ch. 29, § 1; Shan., §§ 7146, 7147; Code 1932, §§ 11695, 11696; Acts 1974, ch. 599, § 1; T.C.A. (orig. ed.), § 40-1304; Acts 1987, ch. 423, § 5; 1993, ch. 96, § 1; 1995, ch. 456, § 7; 1997, ch. 386, § 1.
Notes of Decisions
Cited in 23
cases (5 in the last 5 years), 1984–2025 · leading case: In Re Sanford & Sons Bail Bonds, Inc., 96 S.W.3d 199 (Tenn. Crim. App. 2002).
In Re Sanford & Sons Bail Bonds, Inc., 96 S.W.3d 199 (Tenn. Crim. App. 2002). “3d at 193-194 , this court addressed the requirements of *203 the statutes governing the forfeiture of bail, the focus of our discussion being the extent to which sureties may obtain relief from forfeiture pursuant to Tenn.Code Ann. § 40-11-204. In particular, we emphasized our…”
In Re Paul's Bonding Co., Inc., 62 S.W.3d 187 (Tenn. Crim. App. 2001). “Otherwise, the surety must seek relief pursuant to Tenn. Code Ann. § 40-11-204 . That statutory provision provides that the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims relief is…”
State v. Shredeh, 909 S.W.2d 833 (Tenn. Crim. App. 1995). “00 clerk’s commission pursuant to Tenn.Code Ann. § 40-11-204. We find no error and affirm the judgment of the trial court.”
State v. LeQuire, 672 S.W.2d 221 (Tenn. Crim. App. 1984). “1 Webster, claiming he has, at all times, been diligent in his efforts to locate LeQuire and secure his presence before the Court, now petitions under T.C.A. § 40-11-204 for relief by remission of all or part of the forfeited amount.”
In re: Guy James Bonding (Tenn. Crim. App. 2004). “On November 6, 2002, the appellant filed a “Petition to Set Aside Final Forfeit[ure] and for Relief and Remission of Forfeited Recognizance,” arguing that relief was warranted under Tennessee Code Annotated section 40-11-204 because the appellant had surrendered Granderson into…”
State of Tennessee v. Nathaniel Buchanan, In Re: McAdoo Bonding Co., Sur. (Tenn. Crim. App. 2025). “Tenn. Code Ann. § 40-11-204 (a)(1) (effective July 9, 2012, to June 30, 2025).”
State of Tennessee v. Edward Alan Scarbrough, alias, Int'l Fid. Ins. Co., 72 S.W.3d 667 (Tenn. Crim. App. 2001). “§ 40-11-204. The discretion has been described as broad and comprehensive, empowering trial courts to make determinations “in accordance with [its] conception of justice and right.”
William Bret Robinson v. State (Tenn. Crim. App. 2000). “In addition, the defendant argues that the trial court had the discretion to structure a credit against future bond forfeitures, regardless of the application of Code section 40-11-204. An examination of the two code sections reveals some conflict.”
In re: Speedy Release Bail Bonds (Tenn. Crim. App. 2002). “” which statute governs the proceeding seeking reimbursement? We answer the first query in the affirmative and, as to the second query, conclude that Tenn. Code Ann. § 40-11-204 (a) governs the proceeding.”
State of Tennessee v. Clayton Nelvis (Tenn. Crim. App. 2025). “June 23, 2004) (recognizing that Tenn. Code Ann. § 40-11-204 (a) “is the only statute authorizing relief after ‘the judgment has been paid.”
State of Tennessee v. Abdirizak Omar Yussuf (Tenn. Crim. App. 2009). “Otherwise, the surety must seek relief pursuant to Tennessee Code Annotated section 40-11-204. That statutory provision provides that: the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims…”
In Re: Paul's Bonding Co., Inc. (Tenn. Crim. App. 2000). “Upon service of the writs of scire facias and in response thereto, the appellant petitioned the court for relief from the conditional judgments of forfeiture pursuant to Tenn. Code Ann. § 40-11-204 (1997), asserting in the petitions that the defendants had fled to Mexico.”
— Tenn. Code Ann. § 40-11-204(a) — 6 cases
In re: Guy James Bonding (Tenn. Crim. App. 2004). “On November 6, 2002, the appellant filed a “Petition to Set Aside Final Forfeit[ure] and for Relief and Remission of Forfeited Recognizance,” arguing that relief was warranted under Tennessee Code Annotated section 40-11-204 because the appellant had surrendered Granderson into…”
State of Tennessee v. Nathaniel Buchanan, In Re: McAdoo Bonding Co., Sur. (Tenn. Crim. App. 2025). “Tenn. Code Ann. § 40-11-204 (a)(1) (effective July 9, 2012, to June 30, 2025).”
William Bret Robinson v. State (Tenn. Crim. App. 2000). “In addition, the defendant argues that the trial court had the discretion to structure a credit against future bond forfeitures, regardless of the application of Code section 40-11-204. An examination of the two code sections reveals some conflict.”
In Re: AB Bonding Co., Inc. (Tenn. Crim. App. 2004).
State of Tennessee v. Ken Henry (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-11-204(a)(1) — 1 case
State of Tennessee v. Clayton Nelvis (Tenn. Crim. App. 2025). “June 23, 2004) (recognizing that Tenn. Code Ann. § 40-11-204 (a) “is the only statute authorizing relief after ‘the judgment has been paid.”
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