Protecting Your Interests as a Co-Signer
When you co-sign a bail bond, you are doing more than just helping someone get out of jail; you are entering into a financial contract. But what happens if the person you bailed out stops answering your calls or hints at missing their next court date?
This brings up the question; Can you revoke your responsibility for the bail bond?
The short answer is yes, but with conditions. As an indemnitor, you have the right to protect your collateral and your credit if you believe the defendant is no longer acting in good faith. That said, the bonding company does not have an obligation to do so if the request does not align with the conditions mentioned below. Simply being upset with the person you bonded is not enough of a reason to revoke your bond.
Understanding the “Surrender” Process
In the legal world, revoking your indemnitor responsibility is called a Surrender of the Defendant. Because a bail bond is a legal agreement with the court, you cannot simply “cancel” it with a phone call to the jail. Instead, the defendant must be returned to the custody of the court to end your liability.
Under Kansas law (K.S.A. 22-2809), a bonding company has the authority to return a defendant to jail if the bond is at risk. At Owens Bonding, we can facilitate this process to ensure that your financial obligation to the court is terminated.
When Should You Consider Revoking a Bail Bond?
Deciding to revoke a bail bond is a difficult choice, especially if you are there to help a loved one. That said, there are a few extreme conditions where you would have the opportunity to revoke a bond should you choose to do so. Those conditions include:
- The Defendant is a Flight Risk: You have credible information that they plan to leave the area or go into hiding.
- Loss of Contact: The defendant has changed their address or phone number without notifying you or our agency.
- Violation of Terms: They are failing to check in as required or are engaging in activities that violate their bond conditions.
- Breaking the Trust: Any behavior that makes you feel that the “risk” of them missing court has become too high.
What Happens to Your Money?
There is a financial side to revoking a bail bond.
- The Bail Bond Fee: The 10% fee paid to Owens Bonding is the “service fee” for getting the person out of jail. Once they are released, that fee is considered earned and is non-refundable, even if the bond is revoked shortly after.
- Additional Costs: If a defendant refuses to turn themselves in and our agents must locate them for a surrender, there may be additional recovery fees. While this is an extra cost, it is usually a fraction of what you would owe if the defendant “skipped” and you had to pay the full 100% bail amount to the court.
Protecting the Co-Signer (Indemnitor)
At Owens Bonding Company we aren’t just here to write a bond and walk away; we are your partners in the entire legal process.
If you feel that the person you bailed out is putting your financial future at risk, do not wait. The moment a defendant misses a court date, your options become much more limited and expensive. By being proactive and contacting your Owens agent, you can get ahead on your liability and ensure your assets remain safe.
Remember: You aren’t “doing something to” the defendant; you are protecting the commitment you made to the court and to your own family.
Need to Help With a Bail Bond?
If you have concerns about a defendant you’ve co-signed for, or if you simply want to understand the risks before you sign, our agents are available 24/7 across the state of Kansas to provide clear, honest answers. Call us at 866.230.2663 or Find an Agent near you.