Co-Signing a Bail Bond: What You're Agreeing To

When you co-sign a bail bond, you are promising the bail company that the defendant will go to every court date, and that you will cover the costs if they don't. That can include the premium, any payment plan balance and, if the defendant skips court and the bond is forfeited, money up to the full bail amount. It's a serious financial commitment, so it helps to know exactly what you're signing.

What is a co-signer (indemnitor)?

A co-signer, also called an indemnitor, is the person who signs the bail paperwork alongside the defendant and takes financial responsibility for the bond. Usually this is a parent, spouse, partner, relative or close friend.

The bail agent posts a bond with the court that guarantees the full bail amount. In return, the co-signer signs an indemnity agreement. That agreement says the co-signer will repay the bail company for losses and costs if the defendant doesn't hold up their end. The exact terms are in the contract you sign, so read it before you put your name on it.

What are you responsible for?

Making sure the defendant goes to court

Your main job is helping make sure the defendant shows up to every court date until the case is over or the bond is exonerated (released). That means knowing the dates, reminding them, and telling the bail agent right away if anything changes, like a new address, a new phone number or a missed check-in.

Paying the premium or payment plan

The premium is the fee for posting the bond. In California, premiums are typically 10% of the bail amount, based on rates filed with the California Department of Insurance. Payment plans are available. If you sign as the person responsible for the premium or a payment plan, you're on the hook for those payments even if the defendant's case goes well.

Possible liability for the full bail amount

This is the part people most often miss. If the defendant fails to appear and the court ultimately enters a judgment on the bond, the judgment is for the bond amount plus costs. Under the indemnity agreement, the bail company can then look to the co-signer to repay that loss, along with costs the contract allows. If you co-sign a $50,000 bond, you should be prepared for the possibility of owing up to $50,000.

What is collateral?

Collateral is property that secures the bond, such as cash, a vehicle title or a lien on real estate. Not every bond requires collateral. It depends on the bail amount, the case and the people signing.

California regulations give you some protections:

• The bail agent must give you a numbered written statement that includes a description of any collateral, a receipt for it, any conditions on it and a copy of any written agreement about it (10 CCR 2083).
• Collateral must be returned to the person who deposited it. Once a court or authorized official ends liability on the bond, the collateral must be returned right away (10 CCR 2088.2).
• If collateral was also securing unpaid premium or charges that are still unpaid after the bond is exonerated and payment has been demanded, the bail company may apply non-cash collateral to that unpaid balance, as the law allows.

What happens if the defendant misses a court date?

California's bail forfeiture process is set out in Penal Code section 1305. Here is how it generally works.

1. The court declares bail forfeited. If the defendant fails to appear without a sufficient excuse, the judge declares the bail forfeited in open court.
2. Notice goes out. For bonds over $400, the court clerk must mail notice of the forfeiture to the surety within 30 days, and a copy to the bail agent.
3. The 180-day period starts. The bail company has 180 days from the date the notice is mailed (plus 5 days for mailing) to get the defendant back in front of the court. If no notice was required, the 180 days run from the date of forfeiture.
4. The forfeiture can be undone. If the defendant appears in court, is surrendered or is arrested on the case within that period, the court must generally vacate the forfeiture and exonerate the bond, subject to the rules in section 1305.
5. The period can be extended. Under Penal Code 1305.4, the bail company can ask the court for up to 180 more days, but it must show good cause at a hearing.
6. Summary judgment. If the period ends and the forfeiture hasn't been set aside, Penal Code 1306 says the court enters summary judgment against the surety for the bond amount plus costs.

For a co-signer, the takeaway is simple: the faster the defendant gets back to court, the better your position. If a court date is missed, call the bail agent immediately. Encouraging the defendant to return voluntarily is almost always the best path.

How to protect yourself before you sign

• Only co-sign for someone you trust. Ask yourself honestly whether this person will show up to court, and whether you can afford it if they don't.
• Read the whole indemnity agreement. Don't sign anything with blank spaces. Ask what every fee is.
• Get copies of everything. Keep the indemnity agreement, the premium or payment plan terms, and the collateral receipt together.
• Know the court dates. Put them in your phone calendar with reminders, and check in with the defendant before each one.
• Stay in contact with the bail agent. Tell them if the defendant moves, changes phones, stops returning calls or talks about leaving.
• Keep payment records. Save receipts for every payment you make on a plan.
• Check the license. Bail agents in California are licensed by the California Department of Insurance. You can ask for the agent's license number and look it up.

Questions to ask the bail agent

• What is the total premium, and are there any other fees?
• Is collateral required? If so, what kind, and when will I get it back?
• What exactly am I responsible for if the defendant misses court?
• What are the payment plan terms, and what happens if I miss a payment?
• What check-in requirements will the defendant have?
• How will you contact me if there's a problem?
• When does my responsibility end?
• Can I get a copy of everything I sign?

Can you get off a bail bond?

Sometimes. If you lose confidence that the defendant will go to court, talk to the bail agent right away. California law (Penal Code 1300) allows the bail company to surrender the defendant to custody before any forfeiture, and the court can then exonerate the bail. That ends the bond, and with it, your future exposure on that bond.

There are trade-offs. Surrender means the defendant goes back into custody. The premium is the fee for the bond and generally isn't refunded; under Penal Code 1300, a court may order it returned in whole or in part only in limited situations, such as when it finds there was no good cause for the surrender. Ask what your options are before you decide.

Your responsibility usually ends when the bond is exonerated, which typically happens when the case is resolved or the defendant is otherwise released from the bond's obligation. Ask the agent to confirm in writing when that happens, and to return any collateral.

This article is general information, not legal advice. For questions about your case, talk to a criminal defense attorney.

If you're still learning the basics, our guide on how bail works in California walks through the full process from arrest to release.

Need help now?

OnCall's licensed bail agents answer 24/7, in English and Spanish, and we'll walk you through exactly what you're signing before you sign it. You can complete the paperwork from your phone. Call (951) 339-3801, send us a message, or start bail online.