Co-signed on a Bail Bond? Here’s What Happens Next and How to Get Your Money Back

When you co-sign on a bail bond, it might not be as straightforward as getting your money back if the bond is revoked. Understanding the nuances of bail bonds can help you navigate the legal process and potentially reclaim your financial investment.

Can You Revoke a Bond?

No, you cannot revoke a bond. Once the bond is posted, it is a binding legal agreement. The only individual with the authority to recall the bond is the bail bondsman or the court. However, there are scenarios under which you might be able to relieve yourself from the obligation.

When Can You Get Your Money Back?

The money you paid for the bail bond is a non-refundable fee for the services provided by the bail bondsman. Typically, this fee is 10% of the total bond amount. The bond is non-refundable, and you must pay the full amount if the person bailed out fails to appear in court.

There are some specific circumstances under which you might be able to relieve yourself from this obligation:

1. Fugitive Discouragement

If you want to get your money back because you believe the person is a flight risk, you should contact the bail bondsman immediately. If the bondsman agrees and the person returns to court, you might potentially get your money back. It’s important to note that the bondsman has the final say.

2. Court Petition

Another way to get your money back is to petition the court to revoke the bond. This is usually done when the person bailed out commits a new crime or fails to appear in court. If successful, the court may order the bond to be voided, possibly refunding the bond amount.

3. WV Example

In West Virginia, if a friend wanted their name removed from a bond, the bond company agreed to remove the co-signer. However, this did not affect the bond status or the individual's obligation to appear in court. The co-signer removed only retained the right to stay out on bond until the court date.

Other Scenarios

In certain states, if you or a relative or friend posted cash for the bond, you can request an "order exonerating bond." This order can be issued if the person who was bailed out comes back to court. However, if a bondsman posted a fraction of the bond after receiving a substantial payment, that payment is usually retained as their fee.

Conclusion

Co-signing a bail bond can be a significant responsibility. Understanding the terms and conditions is crucial to avoid any financial losses. If you find yourself in a situation where the bond cannot be revoked, it is best to consult with a legal professional to explore your options.