What Is Collateral for a Bail Bond?

Collateral sometimes has to be put up for a bail bond in order to get the defendant out of jail. For instance, assuming the bail is set at $10,000, 10% of the total, the premium, has to be paid upfront in cash, which is not returnable; the remaining $9,000 would need to be presented to the bail bondsman in the form of collateral to ensure that if the defendant jumped bail, the bail bondsman would be guaranteed his money.

Types

Collateral would be accepted in the form of a credit card payment, vehicle titles, assets on paper, mortgage deeds or cars and other vehicles. The bail bondsman will hold all titles or charge the credit card, holding the cash until the defendant shows up in court. All collateral is returned once the defendant makes an appearance.

Function

Collateral is required for some crimes or repeat offenders who may be a flight-risk and may not show up to court. Friends or family who are willing to place their valuables or homes as security will surrender titles to the bail bondsman as collateral. All collateral is returned providing the defendant goes to court on the dates specified and doesn't skip or jump bail.

Identification

The person putting up bond for the defendant is called the indemnitor. If the defendant chooses to skip or jump bail, she will lose the collateral she put up; she will, however, have time to produce the cash in return for the collateral items.

Time Frame

Should the defendant miss his scheduled court appearances, there is a 120-day waiting period to allow the defendant or his attorney to set another court date for the hearing. If that time period should lapse without a court date being set, all collateral would be forfeited by the indemnitor.

Warning

Before the indemnitor signs any contracts or hands over any notes, cash or titles on the defendant's behalf, a thorough explanation is given by the bail bondsman as to how the collateral will be used and about the time constraints within the contract in order that she will fully understand what she is signing.

Resources

• Yes to Bail Bonds
• Bail Bonds USA
• Fugitive Recovery Agent