Fillable MOTION TO SURRENDER PRINCIPAL; AFFIDAVIT OF SURETY TO (El Paso County)

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MOTION TO SURRENDER PRINCIPAL; AFFIDAVIT OF SURETY TO (El Paso County)

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IN THE _______ COURT
EL PASO COUNTY, TEXAS
THE STATE OF TEXAS
CAUSE NO._____________________
VS.
BOOKING NO.__________________
______________________________
OFFENSE:______________________
Defendant’s D.O.B ______________
Full Name of Defendant(Principal)____________________
MOTION TO SURRENDER PRINCIPAL;
AFFIDAVIT OF SURETY TO SURRENDER; AND
APPLICATION FOR WARRANT
The undersigned, as Surety on the appearance bond of the herein named defendant/principal, files this Motion to
Surrender Principal, accompanied by Affidavit of Surety to Surrender. Applicant requests issuance of an arrest warrant
for the herein named principal.
By my signature below I certify to the court that I have provided a copy of this motion, and all attachments, to the
principal’s attorney of record as provided by Rule 21a, Texas Rules of Civil Procedure.
The undersigned understands that pursuant to Texas Occupations Code, Section 1704.207(c) if the court finds that
a contested surrender was without reasonable cause, the court may require the surety to refund to the principal all or part
of the fee paid for execution of the bond.
The information required by Texas Occupations Code, Section 1704.207 is included in the Affidavit of Surety to
Surrender.
X______________________________________
(SIGNATURE)
__________________________________________
(PRINTED NAME OF LICENSED AGENT)
__________________________________________
__________________________________________
__________________________________________
(MAILING ADDRESS AND PHONE NUMBER)
_________________________________________
(DATE)
IN THE _______ COURT
EL PASO COUNTY, TEXAS
THE STATE OF TEXAS
CAUSE NO._____________________
VS.
BOOKING NO.__________________
______________________________
OFFENSE:______________________
Defendant’s D.O.B ______________
Full Name of Defendant(Principal)____________________
AFFIDAVIT OF SURETY TO SURRENDER
TO THE PRESIDING JUDGE OF SAID COURT:
Before me, the undersigned authority, on this day personally appeared ___________________________
d/b/a_______________________________, who being duly sworn according to law, on oath states:
My name is__________________________ licensed agent of ____________________________(insert
insurance company’s name). I am of sound mind and capable of making this affidavit. I am personally acquainted
with the facts stated in this Affidavit and they are true and correct of my own personal knowledge.
By filing this Affidavit, along with the Motion to which it is attached, it is my intention to surrender the
principal named above.
Date of the Bond ______________ and Amount of the Bond Is: $ ____________.
The reason for the intended surrender is:
____ The defendant is incarcerated in _____________ County, Texas; or
____ The defendant is incarcerated in Federal custody at the following location _______________; or
____ The defendant is incarcerated in the custody of the State of _________. Location __________; or
____ The defendant is deceased; or
____ The defendant’s co-signor to the bond has requested to withdraw from the bond; or
____ Other (show cause may be required)___________________________________________.
As required by the Texas Occupations Code Section 1704.207 notice of bondsman intention to surrender has
been given to the defendant’s attorney in the manner as provided by rule 21a, Texas Rules of Civil
Procedure._____________ (Agent’s Initials)
Attorney’s Name: ____________________________________________________________________
X __________________________________
__________________________________
(PRINTED NAME OF AGENT)
SUBSCRIBED AND SWORN TO BE BEFORE ME by _______________________________, on this the _____
day of _______________________________, 20__.
______________________________ Notary Public, State of Texas
IN THE _______ COURT
EL PASO COUNTY, TEXAS
THE STATE OF TEXAS
CAUSE NO._____________________
VS.
BOOKING NO.__________________
______________________________
OFFENSE:______________________
Defendant’s D.O.B ______________
Full Name of Defendant(Principal)____________________
COURT’S FINDINGS AND ORDER
[______] The Court GRANTS the surety’s request. The Court finds legally sufficient cause for the surety to
surrender the principal, and for the Court to issue a warrant for the Defendant’s arrest under Article 17.19(d) of the
Texas Code of Criminal Procedure. A signed warrant for Defendant’s arrest is attached to this document.
[______] The Court DENIES the surety’s request. The Court finds legally insufficient cause to surrender the
Defendant.
So ORDERED and SIGNED this _______ day of __________, 20__.
_____________________________________________________________
JUDGE
BENCH WARRANT
TO ANY PEACE OFFICER OF THE STATE OF TEXAS
YOU ARE HEREBY DIRECTED AND ORDERED TO ARREST ________________________ MAY YOU KEEP
SAID DEFENDANT WITH THE OFFENSE OF ______________________________________ IN THE STATE OF
TEXAS, INSTANTER, THAN HEREIN FAIL NOT, BUT DUE RETURN MAKE HERE OF THIS COURT.
SIGNED _______________DAY OF _________________________20___
_____________________________________________________________
JUDGE
CURRENT BOND: $____________________
NEW BOND AMOUNT: $____________________
FEE AMOUNT: $____________________
DATE OF BOND: ____________________
PEACE OFFICER’S RETURN
CAME IN HAND ON THE ________________________DAY OF_________________, 20___
AND EXECUTED ON THE_______________________ DAY OF_________________, 20___
_______________________________
SHERIFF
BY:___________________________
DEPUTY
Instructions for Bond Surrenders
(3 part form - “Motion to Surrender Principal; Affidavit of Surety to Surrender;
and Application for Warrant
1. Any surety desiring to surrender his principal and after notifying the principal’s
attorney, if the principal is represented by an attorney, in a manner provided by
Rule 21a, Texas Rules of Civil Procedure, of the surety’s intention to surrender
the principal, may file an affidavit of such intention before the court or magistrate
before which the prosecution is pending.
Procedure: If surety desires to surrender the principal, the surety must
complete the attached Motion to Surrender Principal and Affidavit of Surety
to Surrender.
2. The original signature of the licensed agent is required on the Motion to
Surrender” and the Affidavit of Surety to Surrender.
Procedure: Under no circumstances are bonding company employees
authorized to sign any Motions to Surrender and Affidavits of Surety to
Surrender.
3. The bondsman shall check the status of the Motion to Surrender and if signed by
the Court the bondsman will promptly deliver to the District Clerk (on felony
charges) and the County Clerk (on misdemeanors) Clerk’s Office the Motion to
Surrender, Affidavit of Surety to Surrender, and the Bench Warrant. The
bondsman may attain from the Clerk a certified copy of the bond surrender.
4. The respective Clerk shall review the bond surrender and activate a warrant on the
JIMS/Odyssey computer. If a warrant (nisi) has already been issued then the
Clerk shall make a note of this in the case records.
5. The Clerk shall hand deliver the original bond surrender to the Sheriff’s Warrant
Office. Under no circumstances will the Sheriff’s Warrants Office accept
warrants from bondsmen.
6. The Sheriff’s Office shall serve the defendant with the bond surrender warrant
upon being booked into the Detention Facility.
7. The Jail Records Section shall deliver the “executed” bond surrenders to the Bail
Bond Board Administrator; the Board Administrator’s staff will proceed to
exonerate the bond liability from the bondsman’s account in JIMS.
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MOTION TO SURRENDER PRINCIPAL; AFFIDAVIT OF SURETY TO (El Paso County)

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Completed 13 February 2021

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