What a co-signer agrees to: the premium, and every court date.

What does a co-signer agree to?

It is the responsibility of the co-signer to see that the bail premium is paid and the defendant appears in court. Any additional expenses incurred in the transaction of a bail bond are to be paid by the co-signer to the bail agent.

If the defendant or indemnitor changes addresses or employment, it is the responsibility of the indemnitor to notify the agent within 48 hours.

Questions to ask before signing a bail bond agreement

Before signing, ask the licensed agent:

• What is the total premium for this bond?
• What must be paid now, and what remains due?
• Are any rebates or payment arrangements available?
• Is collateral required, and what are the conditions for its return?
• What other expenses could apply?
• What does the co-signer agree to, and when does that obligation end?

Read the agreement and ask about any term you do not understand. The written agreement governs your bond; the website gives general information.

How long is a bail bond good for?

A bail bond is an appearance bond and is good for as long as the case remains active or until a determination is made:

• Case dismissed
• Defendant is ordered into diversion
• Defendant is sentenced or remanded to custody
• Bond is exonerated

Is the bail premium refundable?

The bail premiums, also known as bail fees (the percentage you pay to the agent), are not refundable and are fully earned once the bond has been posted to the jail or filed in court.

Please understand this is according to California State Law and the CA Insurance Code, and further, it does not matter if the defendant is on bail one day or 3 years. What a bond costs shows how the premium is worked out.

What happens if the defendant misses court?

The defendant is obligated by the bail agreement to appear at each court appearance as required by the court. The failure to do so will result in the forfeiture of the bond.

As an indemnitor or co-signer, you would be required to immediately bring the defendant in to reinstate the bond, or have the bail agent or peace officer surrender him or her back into custody.

In case of a forfeiture and summary judgment, it is the duty of the indemnitor or co-signer to pay the full penal amount of the bail. Failure to act immediately can add up court costs and expenses or fees if legal action is taken. The law provides that the associated expenses cannot exceed the face amount of the bond.

How does a co-signer get off a bail bond?

You are no longer liable for the defendant's bond when he or she has completed all of their court appearances, and when all premiums and expenses have been paid.

In the event of forfeiture, the indemnitor is liable until the full penal amount of the bail has been paid or the defendant properly appears in court within the statutory time limit. The bond will then be exonerated and you will no longer be liable.

Words you'll see on a bail bond

Co-signer, or indemnitor

The person who signs for the bond and becomes financially responsible for it.

Bail premium, or bail fee

The percentage you pay to the agent for the bond.

Penal amount

The full amount of the bail the court set.

Forfeiture

What the court orders when the defendant misses a required court appearance.

Reinstatement

Putting a forfeited bond back in place, for example when the defendant is brought back to court.

Summary judgment

The court's judgment for the full penal amount, entered when a forfeiture isn't resolved in time.

Exoneration

When the court releases the bond. With that done and all premiums and expenses paid, the co-signer is no longer liable.

You get it in writing

The agreement you sign is in writing. That agreement governs, not this page. Read all of it before you sign, and ask the agent about anything that isn't plain.