When a loved one gets arrested, their release is often the first thing anybody would want. Bail bonds make this possible, but they come with a catch: someone usually has to cosign. You become highly exposed both legally and financially by accepting the role of cosigner in such an agreement. At eBAIL, we believe it’s important to understand exactly what you are signing and all the possible risks involved with this collateral and/or consequences should anything go awry.
Who Is a Bail Bond Cosigner?
A cosigner, or indemnitor, is anyone who agrees to be financially and legally responsible for a defendant who has been released on bail. By signing the bail bond, you are essentially guaranteeing that the defendant will appear in all court appearances as required. If this does not happen, you are liable—not just for the bail amount but also for any costs incurred by the bail bond company in recovering the defendant.
Key Responsibilities of a Cosigner
Attending Court
The most essential and critical responsibility of a cosigner is to make sure the defendant appears on every one of their court dates or has a lawyer that will make an appearance for them. If they do not appear—otherwise known as “skipping bail”—you will be liable for the entire bail amount.
Payment Responsibility for Entire Bail Amount
In the case of the defendant skipping out on bail, the cosigner would become liable for the entire bail amount. That is not up for negotiation; it is absolutely legally binding.
Additional Expenses
Beyond your obligation to pay the full bail amount, you could also be responsible for additional expenses of the bail bond company that occur while attempting to recover the defendant. These can include:
- Bounty hunters’ fees
- Private investigators
- Travel and/or legal fees related to pursuing and capturing the defendant
As you can see, the costs pile up fast. It pays in every sense of the word to understand the scope of the financial liability that you are taking on.
Assistance with Recovery Attempts
If the defendant is not around when they have a court date, you may also be required to assist your bond company with recovery pursuits designed to track down the missing individual.
Wage Garnishment
If you cannot or refuse to pay the bail amount or recovery costs, then the bail bond company has every right to take legal action to garnish your wages. This will ensure that they get their money back, no matter how long it takes.
Collateral Requirements: Using Car and Home Titles
Collateral is often required to secure a bail bond, backing the financial agreement. Here are many forms of collateral at eBAIL, include a Car and Home Titles:
Car Title as Collateral
It involves a temporary transfer in writing the ownership right your vehicle to the bonds company. The car shall hold a clear title of less stressfully having fully paid. Since your car is still required at your disposal, although stopping in meeting the obligations or bonding agencies may seize the Vehicle.
Home Title as Collateral
Putting up your home as collateral, you are placing a lien on your property. This means that should the defendant jump bail, your house is subject to sale so bail and related costs could be recovered. It’s not a decision to enter into lightly, so make sure you know precisely what you are getting into ahead of time.
What You Need to Know Before Cosigning
Being a cosigner can be somewhat intimidating; however, being informed about your responsibilities will help you make the right decision.
Know the Risks:
Cosigning isn’t just about helping your loved one; it means you are entering into a legal and financial commitment that could affect you significantly if the defendant does not comply.
Assess the Reliability of the Defendant:
Make sure the person is reliable and intends on appearing in court when required.
Be Prepared for Financial Consequences
Realize you are not only guaranteeing the bail but also any further recovery costs if there is a failure to appear.
Transparency Is Key
Now, all of this may sound somewhat daunting, but it’s better to understand now and be aware, rather than being caught off guard with all of this later. Understanding now allows you to make an educated decision and feel a bit more confident.
The Bottom Line
Being a cosigner is not something to be taken lightly. You are not just signing a simple piece of paper; you are agreeing to compel compliance with the defendant’s legal obligations and accepting considerable financial risk should they fail to do so.
Here at eBAIL, we are dedicated to guiding you through this process and answering any questions you may have. If you decide to cosign, we will work with you to make the process as smooth and manageable as possible. While the risks are real, knowing what to expect can make all the difference. And remember, you’re not in this alone—we’re here to support you every step of the way.