When police arrest someone and charge them with a crime, the defendant often has the option of posting bail and going free until trial. Courts accept several kinds of bail, including cash, property or a surety bond from a bondsman. Most people opt to hire a bondsman, who charges a premium for the service. If you cannot pay the balance, the bondsman either holds and eventually sells the collateral you left, or charges you interest or late fees. Eventually he turns the bill over to a collection agency.
Bail Process
After being arrested, police book and charge defendants. Within a few days, the defendant appears before a judge, who formally charges the defendant if the police did not, and sets a bail (judges can decide to not release some defendants on bail, especially those suspected of violent crimes). The defendant, her family or friends can either pay the full bail amount directly to the courts or hire a bondsman.
Paying the Courts
If the defendant opts to leave bail with the courts, the defendant, her friends or family must leave the full amount with the court, and in exchange the court releases the defendant and issues a bond. The bond states that the court will return the money once charges are dropped or the trial finishes, but the defendant must show up to her trial date. If the defendant,her friends or family cannot pay the full balance of the bail, the court simply does not release the defendant.
Paying a Bondsman
Many people hire a bondsman because they cannot pay the full bail amount directly to the court. A bondsman charges the defendant, his friends or family a fee (sometimes called a premium) for the service; the industry standard is 10 percent of the full bail amount. This amount is not refundable. The bondsman then goes to the court, leaves a surety bond with the court promising to pay the full amount if the defendant does not show up for his trial date and the court releases the defendant.
Debts to a Bondsman
Many bondsmen allow their clients to pay only part of the fee up front. The client then owes a balance on the fee, not the actual bond. If you cannot pay the balance that you owe the bondsman, the bondsman charges interest or late payments. If you left collateral (the deed to your house or car, jewelry, or other valuables), the bondsman will hold the collateral and may sell it to pay for the fee. If the bondsman still cannot recover the fee, he may turn the balance over to a collection agency, which will harass you and can try to garnish your wages.
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