A surety bondsman can post a surety bond with the court.

Bail is a type of insurance that the courts allow to replace actual cash. The definition of SECURITY is: a person who assumes responsibility for the performance of a company by another, for example, his appearance in court or the payment of a debt.

• Bail can be posted in states that accept bail bonds.

The guarantors will need to speak with a loved one of the defendant, who will be the defendant’s “co-signer.” This person will be in greater contact with the surety bondsmen.

The co-signer must pay the leasing company a percentage of the face value of the bond (generally 10%), this percentage is established by the state. The co-signer must also sign a contract / promissory note promising to pay the full amount if the defendant does not appear on the date of their hearing.

On larger bond amounts (generally $ 5,000 and above) a collateral is required. The collateral can be in the form of: cash, vehicle title, home deed, 401k, or any other type of valuable asset. The collateral is held by the surety company and a mortgage tax may be filed.

I usually explain to families that they are essentially purchasing an insurance plan with their guarantors. The same way you would in a car or home, but this insurance must appear in court. The 10% premium is set by the state and is usually the same for all companies. For a surety company to charge less than the amount set by the state is not technically legal, the term is called “rebating” and if an agent is caught rebutting, they could lose their insurance license. But this doesn’t stop desperate companies from undercutting.

Once the bond is posted and the defendant is released, you will need to complete the same paperwork as the co-signer. The surety will also discuss the conditions of the bond. The court will set your conditions and so will the bail company, make sure the defendant is aware of it. Not being aware is not an excuse for the court to keep waiting for the defendant to comply with the conditions.

A surety has the right to cancel a surety if its conditions are not foreseen, such as: calling the company to register once a week. Failure to register may result in your bond being canceled and the defendant going back to jail.