If you have ever found yourself cosigning for a bail bond, then you know how intimidating it can be. After all, with this responsibility comes obligations and the potential for financial risk. You are responsible for ensuring that the defendant shows up to court on the scheduled date and time. If they don’t, you may be liable for the full cost of their bail.
So, can you get your name off of someone’s bail bond? The answer is yes, but how exactly depends on the circumstances under which your name was added to the bond in the first place. In some cases, it may be possible to have a cosigner removed from a bail bond. But, it’s important to know your bail bond cosigner responsibilities as well as how the process works.
This blog will walk you through getting your name off someone’s bail bond.
What is a Cosigner for a Bail Bond?
A bail bond cosigner is a person responsible for the defendant, guaranteeing that they will appear in court on their assigned date. They are also responsible for paying any fines associated with the bond if the defendant fails to show up. If this happens, it is up to the cosigner to pay the full amount of their bail. If they do not, they risk having a warrant issued for their arrest and a possible lien or civil judgment.
Bail Bonds Cosigner Responsibilities
When agreeing to cosign a bail bond, it is important to understand how much of a responsibility you are taking on. A co-signer is responsible for making sure the accused appears in court, and if they do not show up, you may be liable for their bail.
For this reason, it’s important to understand your rights as a co-signer. First, you can ask to add additional stipulations to the bail bond. For example, you can request the accused take part in drug testing or addiction counseling as part of their bail.
It is not the co-signer’s responsibility to ensure that the accused follows these stipulations. However, if they do not, it is important to keep an accurate record of how often the accused fails to meet their obligations. This information can be used later as evidence in court should the bail bond need to be revoked.
The co-signer is responsible for making sure the accused appears for all court hearings and meets any other bond requirements. If the cosigner feels uncomfortable with how the accused is behaving, they can recommend that the bail bond company revoke their bond and return them to jail.
Keep in mind that removing your name from an existing bail bond could affect the accused’s ability to be released from jail. If this is the case, you need to research how getting your name removed will affect the accused and if any alternate solutions can be attempted before making a decision.
You can learn more about California cosigner protection laws here.
When Can You Remove Yourself from a Bail Bond
Removing yourself from a bail bond is not always possible, so the first step is contacting your bail bond agent. Your agent should be able to tell you if removing yourself from the bail bond is even an option.
If removal from the bail bond is allowed, you will need to provide proof of how your name was added as a cosigner in the first place. The form may vary depending on the state, but you will usually need to fill out some release form that can be obtained from your bail bond agent.
You may be able to remove yourself from a bail bond if:
- You were added to the bail bond without your knowledge or consent.
- The accused does not meet all the conditions set by the court or bail bond agent, such as attending mandatory drug treatment programs or other court obligations.
- The accused has acted inappropriately and put you in danger, such as making illegal decisions or engaging in criminal activities.
- The bail bond agent cancels the bond due to non-payment or another breach of contract.
To have your name removed from a bail bond, you must contact the bail bond agent that issued the bond and provide documentation, such as a notarized form stating that you no longer wish to cosign for the accused. The bail bond agent can then request that the court allow your name to be removed from the bond.
To learn more about cosigner rights, contact My Bail Hotline today.