A surety may cancel or withdraw from a bond by giving a notice of cancellation or withdrawal to the officer to whom the bond was given in the same manner the bond was given, notwithstanding Section 995.030. The surety shall at the same time mail or deliver a copy of the notice of cancellation or withdrawal to the principal.
§ 996.320.Notice of Cancellation Or Withdrawal
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 13. Cancellation of Bond or Withdrawal of Sureties · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 996.320 lets a surety cancel or withdraw from a covered bond by giving notice to the officer who received the bond, delivered in the same manner the bond itself was given, while also mailing or delivering a copy of that notice to the principal at the same time.
Full Text of § 996.320
Plain-English Summary
Getting out of a bond under Article 13 doesn't require a court application the way release under Article 11 does. A surety cancels or withdraws by giving notice to whichever officer received the original bond, using the same manner the bond itself was delivered, notwithstanding § 995.030's general rule for how a bond is given, which this section overrides for cancellation purposes.
The surety can't leave the principal in the dark while doing it. The same section requires the surety to mail or deliver a copy of that cancellation or withdrawal notice to the principal at the same time notice goes to the officer, so the principal learns immediately that a new bond may soon be necessary.
Frequently Asked Questions
How does a surety cancel or withdraw from a bond under this article?
By giving notice of cancellation or withdrawal to the officer who received the bond, in the same manner the bond itself was given.
Does the principal get notified when a surety cancels or withdraws?
Yes. The surety must mail or deliver a copy of the notice to the principal at the same time it notifies the officer.
Does § 995.030 change how this notice must be given?
No. Section 996.320 overrides § 995.030 for this purpose, notwithstanding its general rule.
Amendment History
Added by Stats. 1982, Ch. 998, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: notice of surety withdrawal californiahow surety cancels bond california