Exit 1: Surrender under Penal Code §1300
Penal Code §1300 allows the bail or the surety to surrender the defendant to custody, and the court may then exonerate the bond. This is the mechanism behind "pulling" a bond — the cosigner asks the agency to surrender the defendant because they no longer believe he or she will appear.
Important nuance: §1300(b) addresses the return of premium when a surrender happens without good cause before the case is resolved. Whether any premium comes back depends on the reason for the surrender — a surrender for the cosigner's convenience generally returns nothing.
Exit 2: The case ends
Dismissal, acquittal, sentencing, or a plea all exonerate the bond. Collateral is returned and the indemnity obligation ends, though any unpaid premium balance remains due. See what does bond exonerated mean.
What does not get you out
- Changing your mind the next morning after the defendant is already released.
- Refusing to pay the remaining premium — that creates a collection claim, not a cancellation.
- The defendant promising to "take care of it" — only the surety can surrender, and only the court exonerates.
- A dispute with the defendant. The contract runs between you and the agency.
How to start it
Call the agency that wrote the bond, state clearly that you want the defendant surrendered, and put it in writing. Expect to provide the defendant's current address and any information on missed check-ins. Armstrong handles surrenders directly — reach us on our contact page. If you believe an agency mishandled a surrender or a refund, the California Department of Insurance takes consumer complaints.