Can a bondsman claim collateral not listed on the undertaking bond?

Can a bondsman claim collateral not listed on the undertaking bond?

• A. Yes
• B. The surety shall have the right to retain only the security or collateral as listed in the affidavit.
• C. Only with court order
• D. Only if the collateral is valued over a threshold

Answer: (B)

When a bail bondsman posts a bond, the collateral backing that bond is fixed in the undertaking and any accompanying affidavit. The bondsman is allowed to retain or claim only the collateral that is explicitly listed there. This keeps enforcement strictly within what the agreement covers and prevents seizing assets that were not agreed to as security. That’s why the statement about the surety having the right to retain only the security or collateral as listed in the affidavit is the best answer. The other options suggest seizing collateral not listed, needing a court order to do so, or using a threshold to justify unlisted collateral, which aren’t consistent with the documented terms of the undertaking.

When a bail bondsman posts a bond, the collateral backing that bond is fixed in the undertaking and any accompanying affidavit. The bondsman is allowed to retain or claim only the collateral that is explicitly listed there. This keeps enforcement strictly within what the agreement covers and prevents seizing assets that were not agreed to as security.

That’s why the statement about the surety having the right to retain only the security or collateral as listed in the affidavit is the best answer. The other options suggest seizing collateral not listed, needing a court order to do so, or using a threshold to justify unlisted collateral, which aren’t consistent with the documented terms of the undertaking.