Bail bonds enable defendants to exit pretrial detention after arrest at a fraction of the bail. If you receive a call from a friend or loved one who is behind bars, you will call a bail bonds company to work on having the defendant released, and in many cases the company will demand an indemnitor or co-signer. The bondsman demands this because there is a possibility of the defendant skipping court, resulting in bail forfeiture and rearrest. Cosigning is a practical solution, but it puts a massive financial responsibility on your back.
Paying the Premium and Depositing Collateral
In return for depositing a bond in court, the defendant pays the company a non-refundable fee of approximately 10% of the bail — for example, $5,000 on a $50,000 bail. As the co-signer, you deposit this fee so the company can start working on the release. The bondsman could also demand collateral such as a vehicle, real property, or jewelry, often valued at twice or thrice the bail figure. Once the defendant obeys bail terms and the case is complete, the bondsman returns the collateral regardless of the verdict — but if the defendant skips court, you will be responsible for repaying the company, and they can seize and auction your collateral.
Negotiating a Repayment Plan and Covering Additional Costs
Reputable companies understand that premiums can be expensive, so they offer structured repayment plans that begin with a small deposit followed by flexible installments. Paying the premium is not your only expense, however. You will incur additional costs as part of your co-signer responsibilities, such as hiring a defense attorney to represent the defendant and negotiate a bail reduction, and traveling to court to support your loved one. The bondsman only deposits the bail and will not cover these costs.
Ensuring the Defendant Shows Up and Complies
Ensuring the defendant appears in court after release is one of your key responsibilities. Many people assume that once the defendant secures release, the cosigner's responsibilities end — but your property is tied to the bond as collateral, so if the defendant flees, you lose your property. You can reduce the risk by reminding the defendant of upcoming court dates and keeping open communication with both the defendant and the bondsman. You must also ensure adherence to pretrial release terms, such as wearing an ankle monitor, attending treatment, obeying restraining orders, and avoiding out-of-state travel.
Additional Liabilities
If bail is forfeited, the company transfers the burden of paying the full bail to you, usually by selling the collateral to recoup losses. You may also be responsible for paying bounty hunter fees if the defendant flees and the bondsman hires someone to trace and return them. The risks of cosigning include legal lawsuits, strained relationships, substantial financial losses, and credit score impacts if you default on a repayment plan.
Considerations Before Assuming Co-signer Responsibilities
Before committing to becoming an indemnitor, ask yourself: who are you cosigning for, and do you implicitly trust them to attend court and abide by release terms? Speak to the bail bonds firm to ensure you understand your duties, ask for clarification on anything you do not understand, and take time to read the contract clauses. Consider the bail amount, because if the defendant skips, you will be required to pay it — so ensure you have the financial capacity. If you do not, decline the role.
Find a Reputable Bail Bonds Service Near Me
Securing a bail bond comes with co-signer duties, including financial responsibility and ensuring the defendant attends court. It helps a loved one obtain pretrial release when they have no money for cash bail, but it is a huge responsibility that puts your finances at risk. At King Stahlman® Bail Bonds, our bail bondsmen will walk you through the bail process to ensure you understand co-signer duties and risks. Contact us today at 619-232-7127 for more information.