California Bail Bonds Law: Collateral

California Bail law: regulations and laws are taken from Title 10, Article 2 of the California Code of Regulations, the California Insurance Code (sections relevant to the undertaking of bail) and Penal Code (as related to bail) for the undertaking of bail bonds where collateral is used. Collateral requirements for bail transactions including real property, excess collateral, return of collateral and fiduciary relationships. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification please visit my online privacy policy statement.

Affidavit constituting attachment lien

Penal

1280.1

After bail and before forfeiture; deposit

Penal

1296

Attachment lien; affidavit constituting

Penal

1280.1

Bail; deposit in lieu of

Penal

1295

Collateral; custody thereof

Title 10

2088.1

Collateral; excess; return

Title 10

2089

Collateral; fiduciary relationship

Title 10

2088

Collateral; real property

Title 10

2088.3

Collateral; return

Title 10

2088.2

Custody of collateral

Title 10

2088.1

Deposit; remittance fiduciary funds

Insurance

1734

Depositor; notice to; declaration of forfeiture

Penal

1305

Excess collateral; return

Title 10

2089

Fiduciary relationship; collateral

Title 10

2088

Property; real; collateral

Title 10

2088.3

Real property deposit in lieu of money

Penal

1298

Real property securing bail bond; disclosure

Penal

1276.5

Return of collateral

Title 10

2088.2

Return of excess collateral

Title 10

2089

Satisfying fines and costs; application of deposit

Penal

1297

Affidavit constituting attachment lien

Penal                      1280.1

1280.1.  (a) From the time of recording an affidavit for the
justification of bail, the affidavit shall constitute an attachment
lien governed by Sections 488.500, 488.510 and 489.310 of the Code of
Civil Procedure in the amount of the bail undertaking, until
exonerated, released, or otherwise discharged.  Any release of the
undertaking shall be affected by an order of the court, filed with
the clerk of the court, with a certified copy of the order recorded
in the office of the county recorder.
   (b) If the bail is forfeited and summary judgment is entered,
pursuant to Sections 1305 and 1306, the lien shall have the force and
effect of a judgment lien, by recordation of an abstract of
judgment, which, may be enforced and satisfied pursuant to Section
1306 as well as through the applicable execution process set forth in
Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure.

After bail and before forfeiture; deposit

Penal                      1296

1296. If the defendant has given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizance, and upon the deposit being made the bail is exonerated.

Bail; deposit in lieu of

Penal                      1295

See also Types of Bail

1295. (a) The defendant, or any other person, at any time after an order admitting defendant to bail or after the arrest and booking of a defendant for having committed a misdemeanor, instead of giving bail may deposit, with the clerk of the court in which the defendant is held to answer or notified to appear for arraignment, the sum mentioned in the order or, if no order, in the schedule of bail previously fixed by the judges of the court, and, upon delivering to the officer in whose custody defendant is a certificate of the deposit, the defendant must be discharged from custody. (b) Where more than one deposit is made with respect to any charge in any accusatory pleading based upon the acts supporting the original charge as a result of which an earlier deposit was made, the defendant shall receive credit in the amount of any earlier deposit. (c) The clerk of the court shall not accept a general assistance check for this deposit or any part thereof.

Collateral; custody thereof 

Title 10                  2088.1

2088.1. Collateral; Custody Thereof
If pursuant to his agreement or contract of agency employment or partnership any bail
licensee is or may be required, or in fact does, transfer collateral to another bail
licensee, general agent, or surety insurer, such recipient of said collateral shall hold it in
the same fiduciary capacity as the bail licensee, return it, and otherwise handle it in
conformity with Sections 2088 through 2089, both inclusive, hereof. Such collateral
shall only be transferred to another bail licensee or to a surety insurer holding a
certificate of authority in California and said collateral shall not be removed from this
state.

Collateral; excess; return

Title 10                  2089

See also Forfeiture of Summary Judgment

2089. Return of Excess Collateral on Forfeiture
If collateral received is in excess of the bail forfeited, such excess shall be returned to
the depositor immediately upon the application of the collateral to the forfeiture;
subject, however, to any claim for unpaid premium or charges as provided in Section
2088.

Collateral; fiduciary relationship

Title 10                  2088

2088. Collateral; Fiduciary Relation
Any bail licensee who receives collateral in connection with a bail transaction shall
receive such collateral in a fiduciary capacity, and prior to any forfeiture of bail shall
keep it separate and apart from any other funds or assets of such licensee.

Collateral; real property 

Title 10                  2088.3

2088.3. Real Property as Collateral
If a bail licensee receives as collateral in a bail transaction, whether in his own or on
another's behalf, any document which conveys title to real property, such document
shall state on its face that it is executed as part of a security transaction. If such
document is recorded, a reconveyance of such property executed in such a manner
that it may be recorded shall be delivered by the responsible bail licensee or surety
insurer to the person executing the original conveyance or to his heirs, legal
representative or successor in interest immediately upon such responsible party
learning of the satisfaction of the obligation secured; and it is the duty of such
responsible party to determine promptly whether such obligation has been discharged
upon request for return of the collateral by the person entitled thereto.

Collateral; return

Title 10                  2088.2

2088.2. Return of Collateral
Any collateral received shall be returned to the person who deposited it with the bail
licensee or to any assignee of such person, other than the bail licensee or his
representative, as soon as he is advised that the obligation, the satisfaction of which
was secured by the collateral, is discharged. It is the duty of the bail licensee or surety
insurer to determine promptly whether such obligation has been discharged upon
request for return of the collateral by the person depositing it or by his assignee. If the
collateral was deposited to secure the obligation of a bond, it shall be returned
immediately upon the entry of any order by an authorized official by virtue of which
liability under the bond is terminated. If any licensee or surety insurer which has
custody of the collateral fails to take promptly any action necessary to secure the
termination of such liability, he shall return such collateral immediately upon the accrual
of any right to secure an order of termination of liability. If such collateral was deposited
as security for unpaid premium or charges and if such premium or charges remained
unpaid at the time of exoneration and after demand therefor has thereafter been made
by the licensee or surety insurer which has custody of the collateral, the collateral other
than cash may be levied upon in the manner provided by law and the proceeds of such
collateral may be applied to the amount of such unpaid premium or charges.

Deposit; remittance fiduciary funds

Insurance              1734

1734. This section applies to any person licensed, whether under a permanent license, restricted license, temporary license, or certificate of convenience, to act in any of the capacities specified in Section 1733. If fiduciary funds, as defined in Section 1733, are received by such person, he shall: (a) Remit premiums, less commissions, and return premiums received or held by him to the insurer or the person entitled thereto, or (b) Maintain such fiduciary funds on California business at all times in a trustee bank account or depository in California separate from any other account or depository, in an amount at least equal to the premiums and return premiums, net of commissions, received by him and unpaid to the persons entitled thereto or, at their direction or pursuant to written contract, for the account of such persons. As used in this section, "trustee bank account or depository" includes but is not limited to a checking account, demand account, or savings account, each of which shall be designated as a trust account. However, such person may commingle with such fiduciary funds in such account or depository such additional funds as he may deem prudent for the purpose of advancing premiums, establishing reserves for the paying of return commissions or for such contingencies as may arise in his business of receiving and transmitting premium or return premium funds, or (c) Maintain such fiduciary funds pursuant to Section 1734.5.

Real property deposit in lieu of money

Penal                      1298

1298. In lieu of a deposit of money, the defendant or any other person may deposit bonds of the United States or of the State of California of the face value of the cash deposit required, and these bonds shall be treated in the same manner as a deposit of money or the defendant or any other person may give as security any equity in real property which he or she owns, provided that no charge is made to the defendant or any other person for the giving as security of any equity in real property. A hearing, at which witnesses may be called or examined, shall be held before the magistrate to determine the value of the equity and if the magistrate finds that the value of the equity is equal to twice the amount of the cash deposit required he or she shall allow the bail. The clerk shall, under order of the court, when occasion arises therefore, sell the bonds or the equity and apply the proceeds of the sale in the manner that a deposit of cash may be required to be applied. The county treasurer shall, upon request of the judge, keep the deposit and return it to the clerk on order of the judge.

Real property securing bail bond; disclosure

Penal                      1276.5

1276.5. (a) At the time of an initial application to a bail bond licensee for a bail bond which is to be secured by a lien against real property, the bail bond licensee shall provide the property owner with a written disclosure statement in the following form: "DISCLOSURE OF LIEN AGAINST REAL PROPERTY DO NOT SIGN THIS DOCUMENT UNTIL YOU READ AND UNDERSTAND IT! THIS BAIL BOND WILL BE SECURED BY REAL PROPERTY YOU OWN OR IN WHICH YOU HAVE AN INTEREST. THE FAILURE TO PAY THE BAIL BOND PREMIUMS WHEN DUE OR THE FAILURE OF THE DEFENDANT TO COMPLY WITH THE CONDITIONS OF BAIL COULD RESULT IN THE LOSS OF YOUR PROPERTY!" (b) The disclosure required in subdivision (a) shall be made in 14-point bold type by either of the following means: (1) A separate and specific document attached to or accompanying the application. (2) A clear and conspicuous statement on the face of the application. (c) The property owner shall be given a completed copy of the disclosure statement and of the note and deed of trust or other instrument creating the lien against real property prior to the execution of any instrument creating a lien against real property. The failure to fully comply with subdivision (a) or (b), or this subdivision, shall render the deed of trust or other instrument creating the lien against real property voidable. (d) Within 30 days after notice is given by any individual, agency, or entity to the surety or bail bond licensee of the expiration of the time for appeal of the order exonerating the bail bond, or within 30 days after the payment in full of all moneys owed on the bail bond obligation secured by any lien against real property, whichever is later in time, the bail bond licensee shall deliver to the property owner a fully executed and notarized reconveyance of title, a certificate of discharge, or a full release of any lien against real property to secure performance of the conditions of the bail bond. If a timely notice of appeal of the order exonerating the bail bond is filed with the court, that 30-day period shall begin on the date the determination of the appellate court affirming the order exonerating the bail bond becomes final. Upon the reconveyance, the licensee shall deliver to the property owner the original note and deed of trust, security agreement, or other instrument which secures the bail bond obligation. If the licensee fails to comply with this subdivision, the property owner may petition the superior court to issue an order directing the clerk of the superior court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the conditions of the bail bond. The petition shall be verified and shall allege facts showing that the licensee has failed to comply with this subdivision. (e) The violation of this section shall make the violator liable to the person affected by the violation for all damages which that person may sustain by reason of the violation plus statutory damages in the sum of three hundred dollars ($300). The property owner shall be entitled, if he or she prevails, to recover court costs and reasonable attorney's fees as determined by the court in any action brought to enforce this section.

Satisfying fines and costs; application of deposit 

Penal                      1297

1297. When money has been deposited, a receipt shall be issued in the name of the depositor. If the money remains on deposit at the time of a judgment for the payment of a fine, the clerk shall, under the direction of the court, if the defendant be the depositor, apply the money in satisfaction thereof, and after satisfying restitution to the victim or the Restitution Fund, fines, and costs, shall refund the surplus, if any, to the defendant. If the person to whom the receipt for the deposit was issued was not the defendant, the deposit after judgment shall be returned to that person within 10 days after the person claims it by submitting the receipt, and, if a claim is not made within 10 days of the exoneration of bail, the clerk shall immediately notify the depositor of the exoneration of bail.

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Updated: 01/02/2013


 
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Bondsman-Owner


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