BY | February 1, 2024

When a loved one has been accused of a crime in California, you’ll do anything you can to get them out of jail. Cosinging a bail bond agreement is one of the most common solutions. Before you do, though, it’s important to know what happens if you cosign a bail bond and don’t pay. 

Here at Alana’s Bail Bonds, our team of experienced bail bondsmen in San Diego often work with clients who co-sign bail bonds on behalf of their incarcerated loved ones. Here’s all you need to know about becoming a cosigner and the repercussions of not paying.

Co-Signing A Bail Bond: What You Need To Know

In the State of California, most defendants are offered the chance to post bail, which allows them to gain their freedom between their arraignment and trial. However, defendants often must pay a five or six-figure sum in return for their freedom. While the money (minus admin fees) is returned at the end of the trial process as long as the individual satisfies their bail conditions, finding that amount of money is tough.  

Bail bonds offer a great alternative as the bondsman will pay the bail amount on the defendant’s behalf. A non-refundable premium equivalent to 10% of the bail amount is charged for the service, which makes gaining bail 90% more affordable. If the defendant cannot pay the fee, a cosigner may be used. This can be anyone who knows the defendant, although it is usually a relative - spouse, parent, or sibling. 

Also known as an indemnitor, your role as a cosigner ultimately means that you take on the financial responsibilities. This means;

• You will cover the bondsman’s premium fee on behalf of the defendant.
• You will pay the full bail amount if the defendant breaks their bail terms.

In many cases, the co-signer and defendant work out a way for the latter to cover the bondman’s costs. So, assuming that your loved one attends their court hearings and other conditions, you should avoid financial problems. Nonetheless, knowing what happens if you cosign a bail bond and don’t pay is vital information that you should know before cosigning. 

What Happens If You Cosign A Bail Bond And Don’t Pay?

When asking “What happens to the cosigner of a bail bond if payments aren’t made?”, the first thing you must know is that you have signed a legal contract in which you agree to take financial responsibility for your loved one’s repayments. Even if they have said they will make the payments, it is you who will be in breach of the contract if the bond repayment plan is not satisfied. Likewise, it is you who has to pay the bail amount if the defendant breaches their bail terms. 

If you suspect that the defendant could take flight or no longer want that level of financial exposure, it is possible to surrender the bail bond. However, if you are still in this position when the bail bond is not paid, there are several potential consequences.

At Alana’s Bail Bonds, we’re reasonable and understand that errors happen. If the missed payment was a simple mistake and you look to rectify it right away, you won’t face any repercussions. Conversely, though, ignoring the issue will lead to the following problems;

• The bail bondsman can use the collateral you used to cover their fees.
• Bail bondsmen can also take further action to recover the funds from you.
• They can also bill you for any expenses incurred by debt recovery.
• Bail bondsmen may file a lawsuit against you too.
• Finally, bail bondsmen may report the unpaid bill to credit agencies.

In short, you could face legal and financial problems while also impacting your credit rating. Moreover, the bail bondsman will be within their legal right to inform the courts that they no longer wish to take responsibility for the bail agreement. In turn, this will result in a warrant being issued, meaning the defendant will return to custody. They may also have their eligibility for posting bail revoked.

What Happens If The Defendant Skips Bail

Another commonly asked question is “If you cosign on a bail bond at what point do you have to pay if a person doesn't show at court?”, it’s not hard to understand why. After all, the full bail amount is usually in the tens of thousands of dollars range. You do not want to be faced with this level of financial exposure.

Essentially, cosigners may be held financially liable for the full amount of the bail bond from the moment that the judge deems that the defendant has skipped bail. This could be as a result of failing to attend a court hearing or due to leaving the State of California without prior permission.

While it might be possible to cover the costs via a repayment plan, the fact is that you immediately become liable for the fees. As with covering a bail bond premium, bondsmen and/or the courts may use any collateral you put up to pay the bill. Worse still, real estate assets will need to be valued at twice the total bail figure.

What If You Think You’ll Struggle To Pay 

Personal circumstances can change very quickly, not least from a financial perspective. Here at Alana’s Bail Bonds, we understand this and are willing to work with clients to find the best solution for all parties.

We offer a range of bail bond services in San Diego, including flexible 0% interest repayment plans. Where possible, we’ll look to switch you to an alternative plan. As a cosigner, the aforementioned bail bond surrender is an option to consider if your financial situation has changed. 

The worst thing you can do is ignore the situation. If you are worried about the financial aspects of paying the bail bond as a cosigner, get in touch with us today. Together, we can work on solving the issue without the need for you to lose money or your loved one to end up back behind bars.