What is considered to be a valid reason for making the request for proof of discharge to the clerk of the court?
There are several occurrences that would be considered reasons for the bail bond agent to make a request to the clerk of the court to verify the discharge of a bond. These instances should be well documented and include: • When the bail bond agent knows that the defendant has been recommitted to the custody of the court, • The defendant has died and the death certificate has been filed with the court, or • The agent knows that the case has been resolved and the bond is no longer needed. In each of these cases it is the bail bond agents responsibility to obtain the documentation that supports the agents position that the bond should be discharged by the court. • Can a bail bond agent require the indemnitor to obtain a certified copy of the discharge prior to the collateral being returned? No. It is the bail bond agents responsibility to monitor the case and return the collateral to the proper party in a timely manner. The bail bond agent may not impose additional restrictions or require
