Understanding the Co-Signer's Role
A bail bond co-signer (also called an "indemnitor") is the person who takes financial responsibility for a bail bond. If you're considering co-signing a bail bond for someone, it's essential to understand exactly what you're agreeing to — because the obligations are significant.
What Does a Co-Signer Do?
When you co-sign a bail bond, you are:
- Guaranteeing the defendant's court appearance: You're promising the bondsman that the defendant will show up to all court dates
- Assuming financial responsibility: If the defendant fails to appear, you are liable for the full bail amount
- Paying the premium: The co-signer typically pays the non-refundable premium (10% of bail)
- Pledging collateral: If required, the co-signer puts up property or assets as security
Who Can Be a Co-Signer?
Bail bondsmen look for co-signers who are financially stable and have a vested interest in ensuring the defendant appears in court. Ideal co-signers typically:
- Have stable employment or regular income
- Live in the area (same state or nearby)
- Have a relationship with the defendant (family member, close friend, spouse)
- Own property or have significant assets
- Have good credit (for payment plan eligibility)
Your Financial Obligations
As a co-signer, your financial obligations include:
- The premium: The non-refundable fee (typically 10% of bail) paid to the bondsman
- The full bail amount: If the defendant fails to appear, you owe the bondsman the entire bail amount
- Recovery costs: If the bondsman hires a bounty hunter to find the defendant, those costs may be passed to you
- Any additional fees: Late payment fees, administrative costs, etc.
Example: You co-sign a $50,000 bail bond. You pay $5,000 as the premium. If the defendant skips bail, you could be on the hook for up to $50,000 plus recovery costs — totaling $55,000 or more.
Your Rights as a Co-Signer
You're not powerless as a co-signer. You have important rights:
- Right to surrender: If you believe the defendant will skip bail, you can request the bondsman surrender the defendant back to jail. This releases you from liability (though the premium is not refunded).
- Right to information: You can request updates on the defendant's court dates and compliance.
- Right to set conditions: Some bondsmen allow co-signers to set conditions on the defendant (like checking in regularly).
- Right to revoke: In some states, you can remove yourself as co-signer, though this triggers the bond's surrender.
Before You Co-Sign: Questions to Ask Yourself
- Do I trust this person to appear in court? — Your financial well-being depends on their reliability
- Can I afford the worst-case scenario? — If they skip bail, can you handle the financial consequences?
- Do I understand the paperwork? — Read every word of the bail bond agreement before signing
- Is there a history of missed court dates? — Past behavior is the best predictor of future behavior
- Am I being pressured? — Don't let guilt or urgency force a decision you'll regret
Protecting Yourself as a Co-Signer
- Stay in regular contact with the defendant
- Know all court dates and verify attendance
- Keep the bondsman's phone number handy
- Act immediately if you suspect the defendant may flee
- Document all communications and payments
- Don't pledge collateral you can't afford to lose