Does a Bondsman Keep His Fee if the Person Remains in Custody?

July 24th, 2011

Another question from Yahoo! Answers.  This is another one of our answers voted “Best Answer” by Yahoo voters.

Question: I contracted with a bail bondsman, but the person was in custody the whole time again.  Do I still have to pay?

Answer: Once the defendant has been released from custody, the bail bondsman has earned their fee by California bail law. Therefore, if they were released and arrested again or they were released and found guilty in court, you still pay.

If the person was NOT released at all, the bondsman’s fee was not earned.  If this is the case, you should request a refund. If you have trouble with this, you can call the regulatory agency in your state that covers bail. In most states, that is the state Department of Insurance.

If you have a question about bail bonds, Ask the Bondsman now!


2 responses to “Does a Bondsman Keep His Fee if the Person Remains in Custody?”

  1. Trevor writes:

    I forfeited my bond, when became homeless and moved out of state for a roof over my head. The bails bonds man is trying to sue my dad. Is there anything I can do so that they come after me and not my father? (bail bonds is in TX)

  2. Tonya Page writes:

    Trevor: my best advice to you would be to contact the bondsman directly. See if the bond has truly already forfeited or if (s)he can get you back into court. If the bond has forfeited and you don’t want you dad on the hook, you should try to work out a payment plan.

    Remember, a bail bond is a legally binding contract. The bondsman got your dad as a signer because there was a possibility you wouldn’t show up. Your dad is now obligated by his signing the contract combined with your actions.

    I wish you the best.

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