Posting a bail bond can help a defendant return home while their criminal case moves through the court system. In many situations, however, a friend or family member becomes a cosigner, also called an indemnitor, because the defendant may not be able to arrange the bond alone.
But what happens if the cosigner’s financial situation changes?
A cosigner may lose a job, experience an unexpected financial emergency, have medical or family expenses, or simply realize that continuing to support the bond is no longer possible. This can create significant stress, especially when the cosigner is unsure about their responsibilities.
The most important thing to understand is that a cosigner should not simply stop communicating with the bail bond company. The consequences depend on the terms of the bond agreement, the defendant’s status, whether the bond remains active, whether collateral was provided, and whether the defendant continues to comply with the court’s requirements.
This article explains what a cosigner should know and what practical steps can be taken when continuing to pay or support a bail bond becomes difficult.
What Is a Cosigner on a Bail Bond?
A cosigner is generally the person who agrees to take financial responsibility connected with a surety bail bond. The exact obligations are established by the documents signed when the bond is obtained.
The defendant remains responsible for appearing in court and complying with applicable release conditions. The cosigner’s responsibilities, meanwhile, may include obligations established by the bail bond agreement and any indemnity or collateral arrangements.
In Ohio, a surety is an insurer that agrees to be responsible for fulfilling the obligation of a principal if the principal fails to fulfill that obligation. Ohio also requires people acting as surety bail bond agents to be properly qualified, licensed, and appointed.
Because individual contracts and circumstances can differ, a cosigner should carefully review the paperwork they signed rather than assuming that every bail bond works the same way.
Does a Cosigner Have to Keep Paying the Bail Bond?
This is one of the most common questions.
The answer depends on what type of payment the cosigner is referring to and what the signed agreement says.
A bail bond may involve a premium, collateral, indemnity agreement, payment arrangement, or other contractual obligations. Simply deciding that you can no longer afford the arrangement does not automatically cancel an existing bond or release you from contractual responsibilities.
If a cosigner is making scheduled payments under an agreement and can no longer afford them, the safest approach is to contact the bail bond company immediately and explain the situation.
Do not wait until a payment is seriously overdue if you already know there is a financial problem.
Early communication gives the parties an opportunity to review the agreement and determine what options, if any, are available.
What Happens If the Cosigner Stops Making Payments?
The consequences depend on the specific agreement.
If the cosigner has a payment arrangement for an amount owed to the bail bond company, failing to make payments may result in collection activity or other consequences permitted by the agreement and applicable law.
However, stopping payments is not necessarily the same thing as surrendering or canceling the defendant’s bail bond.
These are separate issues.
A cosigner should not assume that refusing to make another payment automatically causes the defendant to be returned to jail or automatically releases the cosigner from all obligations.
If the concern is that the cosigner can no longer financially support the bond, the situation should be discussed directly with the bail bond company.
Can a Cosigner Get Off a Bail Bond?
Sometimes a cosigner may want to be released from their responsibilities, particularly when their financial circumstances have changed.
Whether this is possible depends on the bond agreement, the defendant’s circumstances, the court’s status, and the bail bond company’s procedures.
A cosigner should not assume that they can simply remove their name from the agreement.
If a cosigner is considering this option, they should ask the bail bond company:
- What obligations remain under my agreement?
- Is there a process for changing or replacing an indemnitor?
- Does the defendant need another qualified cosigner?
- What happens to any collateral?
- Has the court released the bond?
- Are there outstanding payments or expenses?
- What documentation is required?
Getting clear answers before taking action can prevent misunderstandings.
What If the Cosigner Provided Collateral?
Collateral can make the situation more complicated.
Under Ohio Revised Code Section 3905.92, collateral or other indemnity accepted by a surety bail bond agent must meet specific requirements. The law provides that collateral must be reasonable in relation to the amount of the bond and identifies acceptable forms such as cash or its equivalent, a promissory note, an indemnity agreement, and certain real-property or secured interests.
Ohio law also requires the person providing collateral to receive a written, numbered receipt describing the collateral and the relevant documents.
This makes documentation extremely important.
If you provided cash, property, or another form of collateral, keep copies of:
- The bail bond agreement
- Indemnity agreements
- Collateral receipts
- Payment records
- Correspondence with the bail bond company
- Court documents
- Any written release or discharge documents
Do not rely solely on verbal conversations when substantial collateral or financial obligations are involved.
Can the Bail Bond Company Take the Collateral?
A cosigner should understand that collateral can potentially be used if a bond forfeiture occurs, subject to applicable law and the agreement.
Ohio law establishes specific procedures when a forfeiture occurs. Among other requirements, the surety bail bond agent or surety must provide the principal and the person who provided collateral with written notice of the intent to convert collateral into cash to satisfy the forfeiture. The law specifies a ten-day written notice requirement sent by certified mail.
The law also addresses what happens to collateral after the surety’s obligation has been discharged.
For example, Ohio Revised Code Section 3905.921 provides that when collateral has been accepted and the court releases the surety’s obligation in writing, certain collateral generally must be returned within 21 days after the discharge is provided, subject to the statutory requirements and exceptions.
This is why a cosigner should obtain written confirmation about the status of the bond rather than assuming that the collateral is automatically available for return.
What If the Defendant Is Still Out on Bond?
This is particularly important.
If the defendant is still released under an active bond, a cosigner should not simply disappear from the process because they are experiencing financial difficulties.
The defendant’s court obligations continue independently of the cosigner’s financial situation.
The defendant generally needs to:
- Attend all required court appearances
- Follow the conditions of release
- Stay in communication with their attorney
- Comply with applicable court orders
- Avoid conduct that could result in a violation of release conditions
Ohio law provides that failure to appear can result in bail forfeiture. Ohio law also addresses the discharge and release of bail and sureties under specified circumstances.
Therefore, a cosigner who is struggling financially should communicate with the bail bond company and should not encourage the defendant to ignore court requirements.
What If the Defendant Misses Court?
A missed court appearance can create a much more serious situation.
When a defendant fails to appear as required, the court may take action, and the bail may potentially be forfeited. The consequences can depend on the court, the type of bond, the reason for the failure to appear, and subsequent court proceedings.
If a cosigner learns that the defendant has missed court, they should contact the bail bond company promptly.
Do not assume that waiting will make the problem disappear.
The faster the situation is addressed, the more opportunity there may be to understand what has happened and what steps are available under the applicable court and bond procedures.
What Should a Cosigner Do If Money Becomes Tight?
Financial problems can happen unexpectedly. The best response is to act early.
1. Review Your Agreement
Locate the paperwork you signed when the bond was posted.
Look for information about:
- Payment obligations
- Indemnity
- Collateral
- Conditions
- Responsibilities of the cosigner
- Default provisions
- Procedures for changes or termination
If you cannot understand a particular provision, consider obtaining independent legal advice.
2. Contact the Bail Bond Company
Explain the financial problem honestly.
For example, if you have lost employment or experienced an unexpected expense, tell the company before the situation becomes worse.
Ask what options are available under your agreement.
3. Ask About the Defendant’s Current Bond Status
Find out whether the bond remains active and whether the defendant has any upcoming court obligations.
Understanding the current status can help you make informed decisions.
4. Keep Everything in Writing
After a phone conversation, consider requesting written confirmation of important information.
Keep emails, receipts, agreements, and notices in one location.
5. Do Not Ignore Court Notices
If you receive official court documents or legal notices, read them carefully and respond appropriately.
A bail bond company cannot replace an attorney when you need legal advice about your individual rights or financial liability.
Can Another Person Replace the Cosigner?
In some circumstances, a bail bond company may consider changing the indemnitor or accepting another qualified person.
However, this is not something a cosigner should assume is automatic.
The bail bond company may need to evaluate the proposed replacement and determine whether the requirements of the bond can be satisfied.
If you want to explore this possibility, ask the bail bond company directly whether a replacement cosigner or another arrangement is available.
The defendant’s release status and the terms of the existing bond may affect what can be done.
Does the Cosigner Become Responsible for the Defendant’s Criminal Case?
A cosigner does not become the defendant simply by signing a bail bond agreement.
The criminal case remains the defendant’s case.
However, the cosigner may have contractual and financial responsibilities associated with the bond. Those responsibilities can vary according to the documents signed and the circumstances surrounding the bond.
This distinction is important.
A cosigner should not assume that they are responsible for the defendant’s criminal charges, but they also should not assume that signing the bond carries no financial risk.
When Should You Talk to an Attorney?
A bail bond company can explain its own bond procedures and contractual requirements, but it is not a substitute for independent legal counsel.
Consider speaking with an attorney if you have questions about:
- Your legal liability under a contract
- A dispute over collateral
- A demand for payment
- A court judgment
- Property used as security
- A disagreement about the meaning of an agreement
- Your rights as a cosigner
An attorney can review the specific documents and circumstances of your situation and provide legal advice.
The Most Important Thing: Don’t Ignore the Problem
If you can no longer afford to continue paying or supporting a bail bond, ignoring the situation usually does not make it easier.
Instead:
Review your documents. Contact the bail bond company. Ask about your options. Keep records. Make sure the defendant understands their court obligations. Seek independent legal advice when necessary.
The sooner you address the issue, the better positioned you are to understand your responsibilities and avoid unnecessary confusion.
Frequently Asked Questions
What happens if a cosigner cannot afford bail bond payments?
The consequences depend on the payment agreement and the terms of the bond. Contact the bail bond company as soon as possible to discuss the financial difficulty and determine what options may be available.
Can I stop being a cosigner?
You generally should not assume that you can simply remove yourself from an existing agreement. Ask the bail bond company about its procedures and whether another qualified indemnitor or another arrangement may be possible.
Can collateral be affected if the defendant misses court?
Potentially. A bond forfeiture can create financial consequences, and Ohio law establishes procedures concerning collateral when a forfeiture occurs.
When is collateral returned?
The timing depends on the status of the bond and applicable legal requirements. Ohio law contains specific provisions concerning the return of certain collateral after the surety’s obligation has been discharged.
Should I get legal advice?
If you are unsure about your contractual or legal obligations, particularly when significant money or property is involved, consulting an attorney can help you understand your individual situation.
Need Help Understanding a Bail Bond Situation?
If you are a cosigner who is having difficulty continuing with a bail bond, the first step is to understand your current situation and communicate promptly with the bail bond company.
Allstate Bail Bonds can help you understand the bail bond process and discuss the available procedures for your situation.
If you need assistance with a bail bond in Ohio, contact Allstate Bail Bonds at 419-765-0861 to discuss your situation.
Remember that every bail bond is different. The information in this article is intended for general educational purposes and is not legal advice. Your rights and responsibilities depend on the specific bond documents, court orders, and applicable Ohio law. For advice about your individual legal rights or contractual obligations, consult a qualified Ohio attorney.
