South Carolina Bail Bonds Practice Exam

What action should a bondsman take after making a demand for payment that has not been met after 10 days?

1. Ignore the situation

2. Adjust the payment terms

3. Contact the defendant directly

4. Proceed with surrendering the defendant

The correct answer is: Proceed with surrendering the defendant

When a bondsman makes a demand for payment that has not been met after 10 days, the appropriate action is to proceed with surrendering the defendant. This is because the bondsman has a contractual obligation when a bail bond is issued, which includes ensuring that the payment for the bond is made. If the payment is not received in a timely manner, the bondsman is legally allowed to revoke the bond. By surrendering the defendant, the bondsman is essentially fulfilling their fiduciary responsibility to the court, as they must ensure that the defendant appears for their court dates. This action protects the interests of both the court system and the bondsman, as it mitigates the risk involved in having an uncollected debt that could negatively impact the bondsman’s business. The bondsman often has the right to recapture the defendant and may seek to recover the costs associated with the bond through the surrender process. In this context, ignoring the situation could lead to further complications, adjusting the payment terms might not resolve the underlying issue, and contacting the defendant directly does not address the contractual responsibilities or the need for action after the payment demand is unmet.