Archives : Indemnitor Responsibilities
What Happens to Bail Payments When Rearrested?
Today’s question comes from Kelly V.
Question: If a defendant is rearrested and is making his court appearances, is he still responsible for his bail payments or am i as the indemnitor?
Answer: First off, if a person who is out on bail is rearrested, the monies are still owed to the bondsman who bailed him out the first time regardless of: the recent arrest, if he/she is making his court appearances, or the outcome of the case. This is an earned fee by the bondsman as soon as the person is released from jail.
Second, the person who signed the bail bond contract (also known as the indemnitor) not only takes responsibility for the defendant to appear to all scheduled court dates, but for Read more »
Do I Need a Bail Bondsman?
Here is another question from Yahoo! Answers. Our answer was chosen “Best Answer” by voters.
Question: My brother got arrested and is due to appear in court. He alegedly “attempted to rob a bank” by requesting the teller to transfer $1,000 to his personal account, he never withdrew the money and left the bank. His bail is $50,000, do I need to pay $5,000 to a bondsman to bail him out or can he be released from jail?
Answer: If you want to bail him out you can pay the full amount of $50,000 to the jail in the form of cash or a cashier’s check. The alternative is to use a bail bondsman. The bondsman will Read more »
Can I Be Sued By A Bail Bonds Company?
Another question from Yahoo! Answers, where we were chosen as “Best Answer” by Voters.
Question: Is it legal for the bail bonds company to sue me as the co-signer of bond agreement when the case has been dropped? They have collected hundreds from me already. Why do I have to pay them more?
Answer: The basics of bail is that the bail bond agency earns their fee when the person is released from jail. The outcome of the case does not matter: guilty, innocent or no charges ever filed. In most states, the bail bondsman cannot legally refund you even if he wanted to do so.
It sounds like you made payment plan arrangements for the bail bond fee (often 10% of the full bond amount). That is legally Read more »
What Happens if I Bail Someone Out of Jail and They Skip Court?
When a friend or family member has been arrested, they may turn to you for help in posting their bail. If you agree to help them, you will have the option to either pay the full bail amount directly to the court or jail, or to use the services of a licensed bail bondsman.
But be careful and fully consider the impact of signing a bail bond contract. When you sign a contract with a bail bond company, you become Read more »
Why Bail Bonds Work
Ask The Bondsman answers questions regarding bail bonds. Here’s a question we received this week:
Question: I’m reading in various states there is some question about bail bonds as a whole. Would the states really do away with bondsmen? If the state takes the 10% and the person doesn’t show up, then what??
Answer: Yes, some states are considering moving bail to the public sector. I find that particularly interesting because of the move to privatize so many industries over the years. Let’s face it, when an individual’s livelihood is on the line, the job usually gets done right.
Beyond jobs, we need to look at public safety as well as public revenues. The bail industry works beautifully. There is one simple answer Read more »
How Can I Be Removed From a Bail Bond?
This question comes from Yahoo! Answers where we will answer bail questions frequently. Our answer was selected as the “Best Answer” by Yahoo! voters.
Question: I signed for someone to be bailed out of jail and now I want to be removed ASAP. Is this possible?
Answer: The bail bond contract you signed is legally binding. These contracts are required not only by the bondsman and the insurance company backing the bondsman, and also by the California Department of Insurance, the state agency that regulates bail bonds. Not many bail bonds agencies would want to remove you from the contract.
Finding someone else to take responsibility may be a possibility, but Read more »
Is It Possible To Revoke A Bail Bond?
This question comes from Yahoo! Answers, where we answer questions about bail bonds on a regular basis. On this question, ours was chosen by reader vote as the Best Answer.
Question: Is it possible to revoke a person’s bail bond? I put up a bond for a friend, but here lately my gut feeling is telling me he is going to “jump bail”. He is scheduled for court next month. So I really want to protect myself and find out if there is a way I can revoke his bond.
Answer: Yes, it is possible to have the bail bond revoked. If you are using a bail bondsman, you should call them to discuss the matter.
Revoking a bond can be somewhat complicated. Your bondsman Read more »
Is a Co-Signer Responsible for the Full Bail Amount?
Today’s question comes from Yahoo Answers, where we regularly answer bail related questions:
Question: If someone signs a bonds paper as a co signer do they really have to pay for the full bail amount if I don’t show up?
Answer: It is a fact that a co-signer on a bail bond is agreeing to pay the full bail amount if the defendant does not show up to court and cannot be located.
In most states, when the defendant doesn’t show up to court as promised, the bondsman and the co-signer have some time to get the defendant back into court. As long as defendant goes back, the co-signer will not pay the full bail amount. They will need to pay only if the defendant cannot be located.
That said, why would you not show up? You certainly do not want to be running from the law — every state has access to warrants nationwide. The reason the bail bonds system is effective is because the bondsman will come looking for you. Between the legal system and the bondsman, it would be best for you to simply go to court. Plus, someone was generous enough to get you out of jail. The least you can do is take care of your situation so they are no longer on the hook.
If you’ve already missed your court date, you can easily arrange a new court date and your bondsman can help. You should call right away.
Got a bail related question? Ask The Bondsman
Will I Get My Premium Back From My Bail Bondman?
Today’s Ask the Bondsman question comes from “Yahoo Answers”, where we regularly answer questions pertaining to bail.
Question: Will I get my premium back from my bail bondsman?
Answer: That’s a great question — one that we hear often as a bondsmen, both from our clients and others.
First, you should be aware that in California the bail industry is regulated by the California Department of Insurance. Other states have different regulatory bodies, but all states that offer bail have regulation. In California, by law, you do not get the bail premium back after the case is complete. In order to get bail money back after trial, you need to give the full bail amount to the court.
Ask The Bondsman: What Happens If I Bailed Someone Out Who Is Arrested Again?
We answer questions at Yahoo! Answers regularly. Here’s one: What happens if I co-signed a bail bond for someone who goes back to jail?
Answer: Upon co-signing the bail bond, you became responsible for a couple of things:
- to pay the fee to the bail bondsman (generally 10% in California, but this varies by state)
- to guarantee that the defendant shows up for required court cases
- to help the bondsman get the defendant back into the court system if they do not show up as required (called failure-to-appear)
Assuming the defendant you signed for is in jail based on the same case, Read more »