BY | July 2, 2025

Bail bonds enable defendants to exit pretrial detention after arrest at a fraction of the bail. Therefore, if you receive a call from a friend or loved one who is behind bars, you will call a bail bonds company to work on having the defendant released from custody. In many cases, the company will demand an indemnitor or co-signer. The bail bondsman demands this because there is a possibility of the defendant skipping court or disregarding other release terms, resulting in bail forfeiture and rearrest.

Cosigning a defendant’s release is a practical solution to helping them exit pretrial detention. However, the decision puts a massive financial responsibility on your back. What are your responsibilities and the implications of cosigning the indemnity contract? Discussed are the bail bond co-signer duties to help you decide whether you should take up the role.

Paying the Requisite Premium Fee the Bail Bondsman Demands for Their Services

Once an arrest happens, the court determines the bail that should be paid for the defendant to exit detention. Alternatively, the defendant can learn their bail before arraignment through the relevant county bail schedule. The bail figure varies based on the nature of the crime, whether the court deems the arrestee a flight risk, and the arrestee’s criminal record. Bail can be in the thousands, tens of thousands, or hundreds of thousands. Many defendants cannot afford this amount of money, so they turn to bail bond companies, who deposit a bond on their behalf in court, promising to owe the court the equivalent of bail if the defendant skips scheduled proceedings.

In return for these services, the defendant pays the company a non-refundable fee of approximately 10% of the bail. For example, when bail is set at $50,000, the bail premium paid to the company is $5,000. The defendant is less likely to have these funds with them in jail, which is why you, the cosigner, deal with the bail bondsman on their behalf. You deposit the required fee with the company so that they can start working on the defendant’s release. Unlike bail, you will not receive a refund when the case closes, as the payment is for the expertise and resources provided by the bail bondsman.

The Bail Bondsman Could Demand You Deposit Collateral

The bail bonds firm you are working with deposits a bond with the court and guarantees them that if you skip court, they will be responsible for paying the full bail. The company takes on a huge responsibility and can reduce the risk of loss by demanding collateral in addition to the premium fee.

 Collateral can be a vehicle, a yacht, real property, or jewelry. Many bail bondsmen demand a specific value on the property or item to be used as collateral. Usually, they will demand that collateral be twice or thrice the bail figure. The company you are partnering with will require that you deposit a deed or pink slip. However, when you use a small item like valuable jewelry, the company will hold on to it until the case concludes. Before depositing collateral, you must demonstrate that you have ownership.

Once the defendant obeys bail terms and the case is complete, the bail bondsman will return the collateral, regardless of the case’s verdict. If you agreed to pay the premium fee in installments and default, the company will not return the collateral even after the close of the case until you complete the payment. Typically, you will receive your collateral back once your financial obligation with the company ends.

Most of the property or items that bail bondsmen demand as collateral are lifetime investments. You do not want to put a significant investment on the line because of someone you do not trust. Therefore, before assuming this enormous responsibility, you should read and understand the terms of the bail bonds agreement carefully. If there is something you do not understand, do not hesitate to request clarification. You must also consider the character of the defendant if you can trust them to adhere to the pretrial release conditions. If you have any doubts about their ability to meet these conditions, it means that they are likely to skip court, and if they do, the bail will be forfeited. When this happens, you will be responsible for repaying the company the bond lost. Because the company has the deed to the collateral, they will seize it and auction it to recoup their losses. So, before committing your property as security, you must be sure that the defendant is reliable and will adhere to court terms.

Negotiating a Repayment Plan and Making the Payments

Finding out that a loved one has been apprehended can be devastating. What is even worse is knowing you can do very little or nothing to help them because you do not have the funds even to pay the bail premium the bail bondsman demands to finance the defendant’s release. Thankfully, reputable companies understand that bail bond premiums can be expensive for many to afford. Therefore, they offer structured repayment plans that begin with a small deposit, followed by flexible installment payment, depending on the agreement. You are required to continue the payments while also fulfilling other co-signer duties.

If you cannot afford the premium upfront and want a repayment plan, consult with the bail bonds service you are working with to evaluate your financial situation and craft a repayment plan that suits your financial position. Before signing the indemnity contract, the company will demand that you pay a deposit as one of your bail co-signer obligations, and the balance will be cleared after the defendant secures release in installments for an agreed-upon duration.

Covering Additional Costs on Top of the Premium Fee

Paying the premium fee is not your only expense. You will incur additional costs as part of your co-signer responsibilities. When the defendant is to appear for an arraignment hearing, you must hire a defense attorney to represent them in court and improve their chances of obtaining affordable bail. If the bail is hefty, an attorney can request a hearing to negotiate a reduction to enable you to afford it. 

Many bail bond firms today provide online or remote services, eliminating the need to travel to the company’s physical office to complete the paperwork. As much as you can complete the process online, you will incur costs traveling to the court to support your loved one during the arraignment proceeding and the bail hearing. Your bail bondsman will not cover these costs. They only deposit the bail, meaning your bail co-signer obligations will include payment of additional expenses incurred in the release process.

Ensuring the Defendant Shows Up In Court After Release

Ensuring the defendant appears in court after release is one of your key co-signer responsibilities. Many people assume that once the defendant secures a release, their cosigner's responsibilities are terminated. However, the truth is that you must ensure that the defendant shows up in court for scheduled proceedings. It is your property that is tied to the bail bonds company as collateral. So, if the defendant does not show up in court or flees town to avoid the bail hearing and trial, it is you who will lose your property. Ensuring the defendant appears in court is among your bail bond co-signer duties. If you believe the defendant intends to skip court, you can take measures to protect yourself by reporting the matter to begin the bail bond revocation process.

You can help reduce the risk of non-appearance by reminding the defendant of upcoming court dates and accompanying them when necessary during the court date to ensure they attend the hearing. Besides, you should keep open communication with the defendant and the bail bondsman to stay updated on any changes to court dates or the availability of the defendant in these court hearings. If the defendant is unavailable for a court hearing, you should communicate the matter with the bail bondsman so that they can inform the court in advance and reschedule the hearing.

Ensuring Adherence to Pretrial Release Terms

The court imposes multiple conditions before allowing the defendant to obtain freedom temporarily, awaiting case conclusion. These conditions are on top of court appearances, and they include wearing an ankle monitoring device, attending alcohol or drug treatment, obeying restraining orders, and avoiding out-of-state travel. Violation of these conditions could result in bail forfeiture, explaining why it is essential to ensure the defendant complies.

Maintaining Open Communication with the Bail Bondsman

You are the contact point between the company and the defendant. So, you should keep open communication with the firm even after release. Doing so ensures that the company is aware of the defendant’s location, situation, or behavior change that could be a sign of their intent to flee. If you observe signs of fleeing town or violating other bail terms, inform the bail bondsman so that you can revoke the bond to protect yourself and the property used as collateral.

Paying the Entire Bail After Bail Forfeiture

Many defendants and their loved ones use bail bonds for pretrial release because they are affordable. You pay a small fee to the company and they promise the court to pay your entire bail if you jump bail. Being the cosigner, the company will transfer the burden of paying the full bail to you if the bail is forfeited. Usually, they sell the property you use as collateral and use the proceeds to recoup their losses.

Payment of Bounty Hunter Fees

Paying bounty hunter expenses is among your co-signer responsibilities. You are responsible for ensuring the defendant attends court proceedings. If they flee town, the bail bondsman hires a bounty hunter to trace them and present them to court. When the defendant is rearrested, the company pays the costs incurred in securing the services of the bounty hunter and may later seek reimbursement.

Risks Associated With Bail Bond Co-signer Duties

Assuming co-signer responsibilities is a considerable risk. Before becoming a cosigner, you must understand the co-signer responsibilities and risks. The risks of cosigning a bail bond contract are:

• You could incur substantial financial losses when the defendant jumps bail
• The pressure of trying to ensure the defendant complies can strain your relationship with the loved one you helped secure an exit from pretrial detention.
• You risk legal lawsuits from the bail company when the defendant does not comply

Finally, when you agree to a repayment plan for the bail, your payment habits will impact your credit score. If you default on the payments, the company can report you to the credit bureaus, hurting your credit score. Conversely, if you honor the payments, there will be no effects on your credit score.

Considerations Before Assuming Co-signer Responsibilities

Before committing to becoming an indemnitor, you must make several considerations. Ask yourself, who are you cosigning for? Do you implicitly trust them to attend court as scheduled and abide by other pretrial release terms? Bail co-signer obligations put your finances at risk. Therefore, you must trust the defendant enough to leave your financial welfare at their mercy.

Speak to the bail bonds firm to ensure you understand the bail bond co-signer duties you are expected to perform. If there are bail co-signer obligations you do not understand, do not hesitate to ask for clarification from the company or your attorney.  A good company will explain th risks associated with co-signer responsibilities to ensure you understand the risks of the role before you assume it. Take time to read the clauses of the contract for yourself because you cannot leave anything to chance.

Also, consider the bail amount the defendant must pay to exit custody, because if they skip, you will be required to pay it. Therefore, you must consider your financial situation and ensure that you have the financial capacity to pay the amount. If you do not, decline the indemnitor role.

If, after thorough consideration, you can take up bail bond co-signer duties, you can cosign the bail contract on behalf of a loved one. However, you must ensure that you trust the defendant. Besides, you can revoke the bond where you believe the defendant could engage in a violation.

Find a Reputable Bail Bonds Service Near Me

Securing a bail bond comes with bail bond co-signer duties, including financial responsibility and ensuring the defendant attends court. Assuming bail co-signer obligations has its benefits and risks. It helps a loved one obtain pretrial release when they have no money for cash bail. However, it is a huge responsibility that puts your finances at risk, which is why you must understand your financial capabilities and trust the defendant.

At King Stahlman Bail Bonds, we appreciate the urgency of wanting to secure the freedom of a loved one. Our bail bondsmen will walk you through the bail process to ensure you understand bail bond co-signer duties and risks. Contact us today at 619-232-7127 for more information on co-signer responsibilities.