All in all, the preparation and submission of the bail bond paperwork is a very complicated and sensitive operation. Considering that the final papers will get the bond approved or disapproved, it is the biggest part of the bail bond process.
The documents must contain accurate information about the defendant; there are a several necessary papers the defendant or his family and friends need to fill. Some information is mandatory, and some are optional.
Furthermore, the bail bonds company doesn’t guarantee the acceptance of the bond, but it plays a substantial role in posting the bail bond. Therefore, bail bond firms take great care in representing the defendant and making sure that the papers are clear. From the other side, the defendant’s duty is providing accurate information and work with the bail bond company to get the bail posted.
The Parties of the Bail Bond Agreement
The bail bond contract involves an agreement of Indemnity. The Indemnitor could be the defendant himself or his family and friends, the one who pays the fees. The Indemnitee is the bail bond agency which posts the bail on behalf of the defendant. In essence, the bail bond company agrees to post the bail in return for a fee, and promise that the defendant will appear in court on the date set by the tribunal.
The Standard Bail Bond Forms
As noted, the initial agreement is for fee payment and bail posting between the defendant on one side and the bail bond firm on the other. The Indemnitor in the form of the respondent or his family is obliged to provide full and accurate financial information in the contract. Moreover, the bail bond agency needs to confirm said information. Other information might not be mandatory as the information required vary between states.
The initial contract might have a companion application. Usually, it depends on the bail bond company’s requirements. The application covers vital information like the case number, the booking number, and the location of the jail.
The Various Bail Bond Forms
- The Bail Bond Agreement: The primary contract between one Indemnitor or more and the bail bond company where they agree to guarantee the appearance of the defendant in the court in return for the release of the accused. The agreement states the obligations and responsibility of each party.
- Cash Bail Agreement: This type of understanding is between the defendant and the court without the interference of a third party. Where the defendant agrees to pay the bond in cash directly to the court. It is a document that the respondent uses to get a refund later when the case is closed. It is usually issued by the state department of finance.
- Indemnitor/Guarantor Agreement: A simple document where the Indemnitor testify his financial responsibility if the defendant fails to appear in court. The documents also clarify the Guarantor acceptance of the Bail Bond Agreement and what it entails.
- Credit Card Non-Dispute: It is an agreement signed by the Indemnitor to testify he is using a credit card as a form of payment, and a proof of paying the premium.
The aforementioned types are the most common contract in circulation. In many states there maybe more, or less. Also, some companies have their own contracts. Some companies might request a collateral which is something pledged as security for repayment of the bail money, to be forfeited in the event of failure to appear in court. It might be a car or a house that the bail bond company could use to guarantee their payment in case the suspect escape.
Real Estate Insurance Forms
Not all bail bond companies require collateral. The most common form of insurance is a real estate property. Often that property is owned by the defendant or the Indemnitor.
Naturally, including a collateral in the agreement requires more paperwork. To protect the right of all the parties involved. The additional contracts clarify the extent of and scope of the power given to the bail bond company over the property.
- Deed of Trust: The contract is between an insurance company and the bail bond company. Commonly, they work together in the first place. The insurance company’s role is to hold the property until the Indemnitor pays the full fees for the services. In this case, the bail bondsman is a notary.
- Disclosure Statement: A short document in straightforward language. In it, the Indemnitor agrees to the lien put on his property and express his understanding of the situation. Furthermore, he might also be required to agree not to sell or rent the property until the lien is lifted.
- Privacy Disclosure: Due to the highly sensitive dealings and information contained in all the documents. Bail bond agencies will offer a confidentiality disclosure agreement to protect its right and the private lives of the defendant.
In conclusion, the underlying contracts cover all the information required by law to post bail. They have different names and functions, but the basic principles are the same. The final point is the importance of having copies of all contracts signed and possibly hiring an attorney to help navigate the paperwork.