When a friend or family member is arrested, someone often has to step up and sign for their bail bond. That person is called the cosigner. In the bail bond world you may also hear the word indemnitor. Both mean the same thing: the person who guarantees the bond along with the defendant.
Cosigning is a kind and generous thing to do. It is also a real commitment. Before you sign, it helps to understand what you are agreeing to so there are no surprises later.
What Does a Cosigner Do?
A bail bond is a promise to the court that the defendant will show up to every court date. When a bail bond company posts that bond, it is taking on a risk. The cosigner shares that risk. By signing, you are telling the bonding company that you trust the defendant to follow through, and that you will help make things right if they do not.
Your Main Responsibilities as a Cosigner
Every bail bond agreement is a little different, so always read yours closely. In general, a cosigner agrees to:
- Pay the premium or make sure it gets paid. This is the fee for the bail bond service. If you are on a payment plan, you may be responsible for keeping it current.
- Help make sure the defendant goes to court. You are not expected to drive them every time, but you should encourage them, remind them of dates, and stay in contact.
- Stay in touch with the bondsman. Keep your phone number and address up to date. If something changes, let your bondsman know right away.
- Cover costs if the defendant skips court. If the defendant misses court and does not come back, the cosigner can be responsible for the full bond amount plus costs of finding and returning the defendant, depending on the agreement.
What Happens if the Defendant Misses Court?
This is the part people worry about most. If a defendant misses a court date, the judge can issue a warrant and the bond can be at risk. The good news is that most missed court dates can be fixed quickly if everyone acts fast. If you learn the defendant missed court, call your bondsman immediately. We can often help get a new court date set and keep the situation from getting worse. You can read more in our post on what happens if you miss court after posting bail.
Questions to Ask Before You Cosign
Take a few minutes and ask yourself honestly:
- Do I trust this person to show up to court?
- Will they stay in the area and keep in contact with me?
- Could I handle the financial responsibility if something went wrong?
- Is collateral required, and am I comfortable putting it up?
If you answered yes to these, you are likely in a good position to help. If you are unsure, it is okay to say so and talk it through with your bondsman first.
Can You Stop Being a Cosigner?
In some cases, a cosigner who feels the defendant is about to run or is not following the rules can contact the bonding company and ask to be removed from the bond. This can lead to the defendant being returned to custody, so it is a serious step. If you have concerns, call your bondsman and talk it over. The terms in your specific agreement control what is possible, and your attorney can explain your legal rights.
When Does Your Responsibility End?
Your role as cosigner generally ends when the court case is resolved and the bond is released, which is called exonerating the bond. That usually happens after the case is dismissed, the defendant is sentenced, or the case otherwise closes. If you put up collateral, that is typically when you can get it back.
Tips for Protecting Yourself as a Cosigner
- Read the full agreement and ask questions before signing.
- Keep copies of everything you sign and every payment receipt.
- Write down every court date and set phone reminders for the defendant.
- Choose a licensed, local bail bond company that answers the phone 24/7.
We Are Here to Help Cosigners
At Eastep Bail Bonds, we have been on the other side of this process. We know what it feels like to sign for someone you love. We will explain every part of the agreement in plain language and stay in touch until the case is over.
Eastep Bail Bonds is a bail bond company. We are not attorneys and we do not give legal advice. If you need legal advice, please contact Warrior Lawyers.
Have questions about cosigning? Call Eastep Bail Bonds 24/7 at (316) 391-3723.
