What Is a Surety Bond?
If you're trying to bail someone out of jail, you've probably heard the term "surety bond." It sounds complicated and legal, but it's actually quite simple. A surety bond is just the formal name for what most people call a bail bond.
How a Surety Bond Works
A surety bond involves three parties:
- The Principal: The defendant (the person in jail)
- The Obligee: The court (which sets the bail amount)
- The Surety: The bail bondsman (who guarantees the bail amount)
Here's the simple version: The court says "the defendant can go free if someone guarantees $10,000." The bail bondsman says "I'll guarantee it." You pay the bondsman $1,000 (10%) for taking on that risk. The bondsman puts up the $10,000 guarantee with the court, and the defendant is released.
What You Pay
The premium — typically 10% of the bail amount — is what you pay the bail bondsman. This is their fee for providing the surety bond. It is non-refundable, even if the case is dismissed.
What the Bail Bondsman Risks
The bondsman is on the hook for the full bail amount if the defendant fails to appear in court. This is why bondsmen:
- Require a co-signer (someone who's financially responsible)
- May require collateral for large bonds
- Employ bounty hunters (in some states) to locate defendants who skip bail
- Are backed by insurance companies that underwrite the bonds
Surety Bond vs. Cash Bond
- Surety bond: Pay 10% to a bondsman (non-refundable). The bondsman guarantees the rest.
- Cash bond: Pay the full bail amount directly to the court (refundable when the case ends).
Most people use surety bonds because they don't have the cash to post the full bail amount.
Your Responsibilities as a Co-Signer
When you sign a surety bond agreement, you become an indemnitor. This means:
- You're guaranteeing the defendant will appear at all court dates
- If they fail to appear, you could owe the full bail amount
- Your collateral may be seized if the defendant skips court
- You have the right to revoke the bond if you believe the defendant will flee
Getting a Surety Bond
Getting a surety bond is straightforward. Contact a licensed bail bondsman, provide the defendant's information, pay the premium, and sign the agreement. The bondsman handles the rest. Most are available 24/7. Find one in our directory.