What Is an Indemnitor? What You Sign as a Bail Co-Signer
An indemnitor is the person who signs a bail bond agreement and promises to cover the bail bond company’s loss if the defendant fails to appear in court. On a bail bond, the indemnitor is usually called the co-signer. The word comes from indemnity, a legal promise to make someone whole for a loss.
About to sign for someone? Call today: 205-401-8052. Bail Bonds of Alabama answers 24 hours a day and will walk through every term before you sign.
Key takeaways
- An indemnitor, or co-signer, promises the bail bond company that the defendant will appear in court.
- If the defendant misses court, the indemnitor can owe the full bail amount, not just the fee.
- The bail bond company is the surety: it posts the bond with the court and answers to the court.
- Under Alabama law, a missed court date leads to a conditional forfeiture order against the defendant and the sureties.
- Before a conditional forfeiture, a surety can surrender the defendant and be released from the bond under Ala. Code § 15-13-117.
What does an indemnitor do?
An indemnitor signs an indemnity agreement with the bail bond company. Indemnity is a promise to compensate someone for a loss. On a bail bond, that loss is the bail the company owes the court if the defendant disappears.
As the co-signer, you are promising:
- The defendant will appear at every court date. Every Alabama release order requires it, along with committing no new offense, staying in the state unless the court allows travel, and reporting any change of address, under Rule 7.3(a) of the Alabama Rules of Criminal Procedure.
- You will cover the company’s loss if he fails to appear. That can mean the full bail amount.
- You will keep the company informed of address and contact changes.
The co-signer is usually the person paying, most often a mother, a grandmother, a sister, or a partner. Call today and we will explain what you are signing in plain English.
Indemnitor vs. surety vs. defendant
| Role | Who it is | What they promise |
|---|---|---|
| Defendant | The person released from jail | To appear in court and follow release conditions |
| Surety | The bail bond company | To pay the court the full bail if the defendant fails to appear |
| Indemnitor | You, the co-signer | To cover the surety’s loss if the defendant fails to appear |
The bail bond company is licensed and regulated. The Alabama Professional Bail Bonding Board licenses professional bondsmen under Ala. Code § 15-13-202, and a professional surety company needs a court order renewed every year to write bonds in each county, under Ala. Code § 15-13-159.
What happens to an indemnitor if the defendant misses court?
Alabama law starts a forfeiture process against the sureties on the bond:
- Conditional forfeiture. When a defendant misses court with no sufficient excuse, the court orders a conditional forfeiture and show-cause order against the defendant and the sureties, under Ala. Code § 15-13-131.
- Notice within 90 days, under § 15-13-132.
- 28 days to respond. Without a sufficient written response, the court can enter a final judgment forfeiting all or part of the bond.
- Getting him back can still help. After a conditional forfeiture, returning the defendant releases the surety only if the court finds good cause for the missed date, under § 15-13-118. After a final forfeiture, the court may send back some or all of the money within six months if the surety returns him, under § 15-13-139.
Whatever the company loses in that process is what the indemnity agreement asks you to cover. That is why acting in the first days after a missed court date matters so much. Read failure to appear in Alabama, and call today if a court date has already been missed.
The defendant also faces a new charge. Bail jumping in the first degree, tied to murder or a Class A or B felony, is a Class C felony under § 13A-10-39, and bail jumping in the second degree is a Class A misdemeanor under § 13A-10-40.
What should an indemnitor check before signing?
Read the agreement with these questions in mind:
- What is the bail amount, and what is the fee? In Alabama the fee is normally 10% to 15% of the bail, and it is non-refundable.
- What is the full amount I could owe? Usually the bail amount plus costs if he misses court.
- Is collateral required? Find out what, and when it comes back.
- What are the payment plan terms? At Bail Bonds of Alabama, creative financing is available, upon approval, with 0% interest when paid in full within 12 months.
- Is the agent licensed? Look the agent or company up on the Alabama Professional Bail Bonding Board’s Licensee Search, and get an itemized receipt.
- When is the first court date? Write it down the moment you have it.
Give true, accurate information, and update it if anything changes. Giving false information on a bail contract is a crime in Alabama. When property is used for a bond, the affidavit required by Ala. Code § 15-13-152 warns every signer that false information could lead to a criminal charge. If your address, phone number, or job changes, tell the bail bond company.
Got a call demanding bail money by payment app or gift card? Read how the fake jail call scam works before you pay anyone.
Approval at Bail Bonds of Alabama depends on a review of the co-signer, which is why financing is always upon approval. Read bondsman payment plans in Alabama and how bail bondsmen make money before you sign.
Can an indemnitor get off a bail bond?
Sometimes, and it runs through the bail bond company. Alabama law gives the surety the power to end its own liability by returning the defendant:
- Before a conditional forfeiture, the surety can surrender the defendant to the jail and be exonerated, under Ala. Code § 15-13-117.
- When the defendant is already in court, the surety can surrender him by telling the judge, under § 15-13-116.
If you believe the defendant is about to run, or you want off the bond, call the bail bond company right away and ask how your agreement handles it. Local procedure varies. In St. Clair County, for example, the Sheriff’s Office says a signer who wants off a bond must obtain a bondsman process from the circuit clerk’s office. The fee already paid stays earned either way.
Worried about a bond you already signed? Call today: 205-401-8052.
Frequently asked questions
What is an indemnitor on a bail bond?
The person who signs the bail bond agreement and promises to cover the bail bond company’s loss if the defendant misses court. Most people call the indemnitor the co-signer.
Is an indemnitor the same as a co-signer?
Yes, on a bail bond the two words mean the same person: the one who signs with the bail bond company and takes on liability if the defendant fails to appear.
What happens to the indemnitor if the defendant skips court?
The court starts a conditional forfeiture against the sureties, and the indemnitor can be responsible for the company’s loss, up to the full bail amount.
Can an indemnitor be removed from a bail bond?
Through the bail bond company. Under Ala. Code § 15-13-117, a surety can surrender the defendant before a conditional forfeiture and be released from the bond.
Does the co-signer get the bail bond fee back?
No. The fee is non-refundable because it pays for posting the bond, whatever happens in the case.
Where to go next
- Find an Inmate: find the jail holding your loved one
- How do bail bonds work in Alabama? The whole process, start to finish
- Bondsman payment plans in Alabama
- Failure to appear in Alabama
- Co-Signers, Costs & Financing: every guide for the person paying
- Bail bonds in Jefferson County, Shelby County, and St. Clair County
Bail Bonds of Alabama has served Jefferson, Shelby, and St. Clair Counties since 2014. One call. That’s all. Call today: 205-401-8052, 24 hours a day.
This article is general information about co-signing a bail bond in Alabama. It is not legal advice. Indemnity agreements differ, so read yours carefully and talk to a licensed Alabama attorney about a specific case.