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Co-Signer’s Information

What You Should Know When Signing For A Bail Bond

INDEMNITOR (CO-SIGNER)

It is the responsibility of indemnitor (co-signer) to see that the premium is paid. A bail bond is an appearance bond and is good for one year. If the case continues longer than a year, an additional premium is due and is collected for each additional year. These premiums are not refundable and upon the release of the defendant are fully earned.

Any expenses incurred in the transaction of a bail bond, such as long distance calls, travel, or posting fees are to be paid by the indemnitor to the Bail Agent.

In case of a forfeiture (failure of the defendant to appear), it is the duty of the indemnitor to pay the full amount of the bail and/or locate the defendant for surrender.

If the defendant or indemnitor changes address or employment, it is the responsibility of the indemnitor to notify the Agent within 48 hours. Failure to do this may be cause for the immediate surrender of the defendant.

 

IF THE DEFENDANT DOES NOT APPEAR

The defendant is obligated by the bail agreement to appear at each and every court appearance required by the court. The failure to do so will result in the forfeiture of the bond and a warrant issued for the defendant’s arrest. The Agency will have a time period to apprehend the fugitive or bring them back to court. As an indemnitor, you will be required to bring the defendant in immediately and/or to reinstate the bond or surrender them back into custody.

Failure to act immediately can add up expenses, such as investigation fees, court costs, and attorney fees if legal action is taken. The indemnitor is liable. The law provides that the associated expenses cannot exceed the face amount of the bond. (California Regulator Code Title 10 Section 2081(d)).

 

GETTING OUT OF LIABILITY

You are no longer liable for the defendant's bond when the defendant has completed all of their court appearances, and when all premiums have been paid. If is best to contact the Agent when the bond is exonerated.

In the event of forfeiture, the indemnitor is liable until the full amount of the bail has been paid, plus any expenses incurred, or until the court exonerates the bond. The bond then becomes void.

If you have any further questions regarding the liability of the indemnitor, please ask and we'll be happy to answer them.

 

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