Amwest Surety Insurance Company, in Liquidation

Collateral Releases - Bail Bonds
Frequently Asked Questions

Question: As a defendant, I was under the impression that since my bail bond was cancelled on December 9^th, 2001, collateral is no longer needed. Can you please provide me instructions on how I can receive it back?

Answer: The fact that the bail bond was cancelled does not necessarily mean that the collateral can be released. The best case would be for the court to react to the cancellation process by ordering the bail bond exonerated. However, we realize that not all judges will issue such an order. In all cases, the judge in your case needs to have taken some affirmative action acknowledging the cancellation. Some examples of this would be for the court to order the defendant released upon his own recognizance, or orders the defendant rebailed. In these cases, upon receipt by the bail agent of necessary documentation, we will consider the bond to have been discharged. You should contact your bail agent for further guidance and assistance.

Question: How will collateral be released?

Answer: Once the bail agent is contacted by you to process the release upon your court documentation, the bail agent will arrange to release all collateral held in relation to your bail bond. Please note that you must first have satisfied all legal or contractual obligations between yourself and the bail agent. This usually means that you must have paid the bail agent all monies owed by you on the bond. You should contact your bail agent for further guidance and assistance.

Question: How long will it take for the collateral to be released?

Answer: As stated above, you must first have satisfied all legal or contractual obligations between yourself and your bail agent, and the bail agent must be satisfied that the judge has taken some affirmative step acknowledging the cancellation. If Amwest/Far West hold the collateral at their office in California, we must receive authorization from our bail agent before we can release collateral, and we must be shown that the bond has been discharged. Once we have that authorization and are advised of the discharge, the process takes approximately 3 to 5 days for collateral held by Amwest/Far West. Please note that the bail agent holds most collateral, not Amwest/Far West. If your bail agent holds the collateral, it is that agent who will return the collateral.

Question: Where do I mail my written request for release of collateral?

Answer: You must contact your bail agent who bailed you out in person or by mail.

Question: Now that the bonds are cancelled, will contractual bail agents of Amwest/Far West have their reserve accounts released?

Answer: Reserve account monies will not be released until agents can show that:

1. all of their bonds have been exonerated,

2. they have reported and paid for all executed powers,

3. they have returned all unused powers,

4. they have paid Amwest/Far West all monies owed.

Question: What if the court does not exonerate the bonds pursuant to the cancellation of the bail bonds?

Answer: We hope that the courts will react to the cancellation process by ordering the bail bond exonerated. However, we realize that not all judges will issue such an order. In all cases, the judge needs to have taken some affirmative action acknowledging the cancellation. Some examples would be if the judge orders that the defendant be released upon his own recognizance, or orders the defendant rebailed. In these cases, upon receipt of necessary documentation, we will consider the bond to have been discharged.