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Bail Bonds FAQ's
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INDEMNITOR - COSIGNER
It is the responsibility of the indemnitor 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 telephone 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 of 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. |
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As an
indemnitor, you would be required to bring the defendant in
immediately to reinstate the bond or surrender him/her back into
custody.
Failure to act immediately can add up expenses, such as tracing
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 off the Bond Liability
You are no longer liable for the defendant's bond when he/she has
completed all of their court appearances, and when all premiums
have been paid. It is best to contact the agent when the
bond is exonerated by the court, for the fast return of any
collateral pledged and to confirm that 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 will be happy to answer them. |
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