Understanding the Role of the Indemnitor
When you call Owens Bonding Company, our goal is to get your loved one home fast. But once the paperwork is signed and the jail door opens, a new legal relationship begins. This brings up the question, “Who is actually responsible for this bond?”
While the defendant must show up to court, the Indemnitor (the co-signer) is the one held financially and legally accountable for that promise.
What is an Indemnitor?
A bail bond is a three-way contract between the court, an agency like Owens Bonding, and you. When you act as a co-signer, you are officially known as the Indemnitor. Acting as the indemnitor, you take the responsibility of guaranteeing the full value of the bond to the court. In Kansas, you only need to pay 10% of the total bond amount to engage a bail bond.
Your Core Responsibilities as a Co-Signer (Indemnitor)
Stepping up for a friend or family member can be a serious commitment. As a co-signer, your responsibilities generally fall into three categories:
- The Financial Guarantee: You are responsible for the non-refundable premium. If you are on a payment plan with us, you are responsible for those payments until the balance is zero, regardless of how the court case ends.
- Case-by-Case Requirements: Every situation is unique. Depending on the charges and the bail amount, we may require collateral or a co-signer to secure the bond. If you provide collateral (like a vehicle title), you are responsible for its value if the bond is forfeited.
- Court Compliance: Your most important job is ensuring the defendant attends all court dates. You are the bail bond agency’s eyes and ears. If the defendant changes their phone number or address, you are responsible for updating us immediately.
Are You Legally Responsible for the Person You Bailed Out?
There is a big difference between being responsible for a person’s crimes and being responsible for their court appearance.
1. You are NOT responsible for their conduct.
If the person you bailed out is arrested again for a new charge, you are not legally liable for that new crime. You don’t “share” their criminal record.
2. You ARE civilly liable for their appearance.
While you aren’t responsible for their behavior, you are, in part, responsible for their presence in court. If the defendant skips their court date, the court demands the full bail amount from Owens Bonding. Because you signed the Indemnity Agreement, we, in turn, look to you to cover that cost. This includes:
- The full remaining balance of the bail.
- Costs associated with locating the defendant and returning them to custody.
- Legal and administrative fees resulting from the “skip.”
When Does Your Indemnitor Responsibility End?
Your legal and financial obligation as an indemnitor ends only when the bond is exonerated. This typically happens when:
- The defendant is sentenced.
- The charges are dropped.
- The defendant is found not guilty.
Note: Simply finishing a payment plan does not end your responsibility for the defendant’s appearance. You remain the indemnitor until the court officially releases the bond.
Fast, Affordable Bail Bonds
Bailing someone out of jail can be a big decision, but our credentialed agents at Owens Bonding are here to help. Before co-signing a bail bond, call us with your questions. Our agents are available 24 hours a day, 7 days a week and ready to help you make an informed decision.
Call 866.830.2663 or Find an Owens Bonding Agent near you.