Tag Archives: Surety

Frequently Asked Questions About Sureties

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When it comes to legal matters like arrests and jail, questions are one of the only guaranteed results. Whether you or a loved one is facing the need to be bailed out of jail after an arrest, it is important to examine what you’re up against. Equipping yourself with relevant knowledge about the bail bond process is an effective way to prepare you for what’s to come. Start below by reviewing some of the most frequently asked questions about sureties, bail, and all things related.

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Bail Bond Surety FAQS

What Makes Me a Person’s Surety?

By bailing someone out of jail, you are acting as a surety. If you are the one who signs the bail bond agreement, then you are that person’s surety. Before this can happen officially, it must be approved by the court. Not just everyone can bail a person out of jail, even if it’s themselves.

What Do I Have to Do When I am Acting as Someone’s Surety?

By becoming someone’s surety, you take on a very serious responsibility. Not only are you required to supervise a person’s behavior while they are out on bail, but you are also required to enforce their bail conditions. That is because if they do not obey their bail conditions, you are at risk of paying back the entire bail premium. So, if a person’s bail was set at $5,000 and they failed to appear for their scheduled court hearing, you are responsible for paying back the entire $5000, and not just the fee you paid the bail bondsman at the time of bail.

Can There Be More Than One Surety?

It is not common, but it is possible for a court to permit multiple sureties. This is most common in serious cases in which a person requires a level of supervision that can only be adequately provided by more than one person. All sureties are both jointly and separately liable in terms of the bail premium.

Do I Need to Have Cash Up Front to Be a Surety?

The answer to this question is, “yes.” Bail bond companies require an upfront fee for their services. This fee cannot be paid in credit. It must be paid in liquid form, whether cash, property, or other significant liquid asset. The fee is a set percentage of the total bond amount, usually between 10 and 15 percent. It is regulated by the Department of Insurance, and cannot be changed by a bail bondsman.

What Do I Need to Bring to My Hearing if I Am Acting as My Own Surety?

When you act as your own surety, you must have the usual documents at your court hearing. This varies from person to person, but generally include updated photo identification, proof of address, bank statements, paycheck stubs, proof of property ownership (if being used for bail), and anything else that can prove you are financially capable of covering the total bail premium in the case you fail to meet your bail conditions.

Can I Act as a Surety if I Have Little to No Income?

The answer to this question differs from state to state, and from person to person. Talk to a local and trusted bail bondsman about your income level and eligibility requirements. You could be qualified for legal assistance if you are disabled or otherwise unable to work.

Where Can I Get Trusted Bail Bonds in Marion County?

Call Woods Bail Bonds at 317-876-9600 for safe and secure bail bonds in Indianapolis, Indiana you can trust, 24 hours a day and 7 days a week. Not only do we serve both adult and juvenile clients, but we also offer prearranged bail bond services for those needing to surrender to an arrest warrant. In some cases, we can get you turned in and released in as little as one hour. Request a free estimate or jail information, anytime.

Indiana Bail Bonds 317-876-9600
Indiana Bail Bonds 317-876-9600

Check Out This Fun and Informative Bail Bond Acrostic!

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If you are confused about the word, “acrostic”, just think of it as an acronym, but in the form of phrases rather than singular words. To better understand what you need to know about the bail bonds industry, use this fun and educational acrostic below!

Indiana Bail Bonds 317-876-9600

Indiana Bail Bonds 317-876-9600

B – Bail

Bail is the fee set by the presiding judge, and the money that must be pledged to the court on behalf of a defendant in exchange for a pre-release from jail following an arrest. If a defendant who is out on bail fails to appear for a scheduled court hearing, they forfeit their bail and will be rearrested and charged with an additional crime. Bail can be paid or pledged in the form of cash, collateral, or surety bond.

A – Agreement

When you bail someone out of jail using a bail bond company, you will be required to sign a legally-binding contract called a bail agreement. In the contract, you take on full responsibility for the person you are bailing out of jail. This means that if they do not appear for all scheduled court hearings, you are legally responsible for paying back the entire remaining bail amount.

I – Indemnitor

As someone who signs a bail bond agreement, you become an indemnitor. This is the co-signer (or guarantor) of the defendant who is responsible for all the terms and conditions of the bail contract. This includes paying back the bail premium in the case that the defendant fails to appear for court or skips bail.

L – Lien

A lien is a right to keep possession of property belonging to another person until a debt owed by that person is discharged. In the bail bond industry, this pertains to collateral. When a bail bond co-signer uses collateral such as a house or land, that collateral can have a lien placed against it if the defendant fails to appear for all scheduled court hearings and the cosigner cannot pay back the entire bail premium.

B – Bail Bond

You already know that bail is the fee set by the judge, and the money that must be paid for a release from jail while awaiting trial. However, a bail bond is a method of pledging or paying bail to the courts without having to pay the entire premium. Bail bonds are paid for in cash or collateral, and are non-refundable. For example, if the defendant’s bail is set at $10,000, a bail bond will cost anywhere from $1000 to $1,500 depending on the rate the bail agency uses. The remainder of the ten grand is backed by the bail bond company; but if the defendant fails to appear for court, the co-signer or guarantor (you) must pay back the rest of the money.

O – Own Recognizance

When a defendant is released from jail without having to post bail, but under the agreement that they will appear for all scheduled court hearings, it is called “ROR,” or being released on their “own recognizance” since they are being trusted to make the right choices. This privilege is at the discretion of the residing judge.

N – Notice of Forfeiture

A Notice of Forfeiture is a formal legal document sent by the court to the acting bail bondsman in the case that a defendant fails to appear for a scheduled hearing. It informs the representing bail bondsman that their client has been charged with an FTA (Failure to Appear), and must appear for court or pay the remainder of their bail amount.

D – Discharge of Bail Bond

Also known as “exoneration”, discharge of bail is simply the removal of all bail liabilities taken on under the bail bond agreement. When a defendant appears for all scheduled court hearings, completes their sentencing and court orders, and satisfies all other court and bail terms, the bail co-signer is exonerated from all responsibilities in regards to the defendant’s legal position. If collateral was used to obtain a bail bond, it is returned once the courts verify the bail bond discharge.

S – Surety

A surety is an individual or entity that pays bail for a defendant and then assumes responsibility of a defendant. A surety is also known as a co-signer, guarantor, or indemnitor. As a surety, you have a legal obligation to the courts and the bail bonds company that you will ensure the defendant appears for all scheduled court hearings and obeys all court orders until their sentence is completed.

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Woods Bail Bonds

Woods Bail Bonds 317-876-9600

Call Woods Bail Bonds at 317-876-9600 to get a loved one out of jail in Indiana. Our licensed Indianapolis bail bondsmen provide a wide range of bail bond services, including arrest warrant bail bonds, prearranged bail, and more. We also offer free jail pickup and drop off services, inmate searches, free jail information, notary services, free bail bond advice, and more. Request a free estimate, anytime.