If you find yourself having to bail someone out of jail, then it’s important that you understand the legal process before you make your final decision. When you bail someone out you take on the responsibility for that individual, and you will be held accountable for their actions if something goes wrong.
The Deed of Trust
Bailing someone out requires a Deed of Trust. This is recorded against your home and means that your property is used as collateral. If the defendant you are responsible for doesn’t show up for their court appearance, and if you don’t have the cash for pay off the bail, then your home could be used to pay the fees.
Ten percent of the total bail amount will go to the bail bond company as a fee for their services. Only when the fee has been paid will they post the bail to the courts.
The worst thing that could happen is if the individual you are responsible for fails to make their court appearance. If this happens the bail bond company will demand the full amount, this could include your house.
If everything runs smoothly and the defendant shows up to court, then the court will return the full amount of the bail to the bail bond company. When this happens the bail bond company records a full reconveyance. This is a document that will remove any bail bond claim on your property.
Problems to Watch Out For
Contact a professional if any of the following has occurred:
- The Deed of Trust has been forged.
- The Deed of Trust has been altered after it’s been signed.
- Your property has been used for a bail bond without you knowing.
- The bail bond company won’t give you a full reconveyance after you’ve paid the fees and the defendant you are responsible for has turned up to court.
It’s always important that you learn as much about the process as you can prior to posting bail. This was you’ll be able to make more educated decisions on whether or not to continue.