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Many of us have been in the situation where a loved one has been arrested and put into jail. It may have been for a serious crime, a small misdemeanor, or even a complete misunderstanding. Whatever the circumstances, it can be hard for both the individual, and their friends and family.

One way you can help your loved one is to try and get them out of jail as quickly as possible. By posting bail, they can spend the time before their court date at home, rather than behind bars. But in order to sign up for a bail bond, the defendant will need the signature of a cosigner.

By adopting this role, you become the indemnitor, and may hold liability if the defendant does not show up to their court dates. Tying your name to this individual is not a decision to be taken lightly.

But is it possible to remove your name from someone’s bail bond? Perhaps you have changed your mind about the process, or the defendant is proving to be unreliable.

The following article explains all about the cosigning process and how to get your name off of someone’s bail bond if necessary.

Removing Your Name from a Bail Bond

There are all kinds of reasons you might want to remove your name from a bail bond, but is it possible? When you cosign a bail bond, you are effectively vouching for the defendant and agreeing that you will be financially responsible for the full bail amount in the event that they do not show up to court. This can be disconcerting, especially if you do not know the defendant well or are unsure of their reliability.

If you change your mind and wish to remove your name from a bail bond, it is best to act quickly. It will depend on a range of factors including the nature of the case and the particular laws of the state in which you live.

Understanding the Process in California

The rules and regulations around posting bail can vary from state to state. Fortunately, your bail bondsman will be experienced and knowledgeable when it comes to the legalities. In California, a bail bondsman will generally ask for 10% of the total bail amount as a fee. They will cover the full bail cost, which they will reclaim when the defendant attends their court dates. The bail bondsman will often take collateral in the form of an asset such as property or a vehicle, or the cosigner will be liable for the full cost.

Rules can vary across the US, but in California a cosigner must:

  • Be at least 18 years old
  • Provide a social security number
  • Provide proof of creditworthiness

Steps to Remove Your Name

If you wish to remove your name from someone’s bail bond, the first step you should take is to contact your bail bonds agent. They will be able to talk you through your options and help you to find a solution. You may have valid reasons for wanting your name removed from the document, so you should provide proof and explanation of your reasons.

If the reasoning is deemed to be valid and legal, your bail bonds agent will often be able to remove your name from the bail bond.

When Can a Cosigner Stop Being Liable?

There are certain situations in which the cosigner ceases to be liable for the payment of the bail. These circumstances include:

  • If your name has been added to the bail bond without your prior knowledge or consent
  • If the defendant has acted inappropriately or has put you in danger, e.g. by making threats, harassing you, or engaging in other criminal activities
  • If the defendant has not met the conditions imposed by the court or the bail bonds agent e.g. attending drug treatment programs or other obligations
  • If the bail bond cancels the bond agreement for any reason

Canceling Your Bail Bond Contract

There are plenty of situations in which cosigners successfully remove themselves from a bail bond. For example, if the defendant and cosigner are in a relationship at the time of the arrest, it is reasonable that they might enter this agreement. Yet if they break up before the defendant’s court date, both parties may wish to remove the cosigner and replace them with another person. As long as the replacement cosigner meets all the necessary requirements, this should rarely be a problem, although it is usually up to the discretion and individual rules of your bail bondsman.

Removing Information from Bail Bond

If you want your information removed from a bail bond you have cosigned, you must contact your bail bond agent immediately to find out whether or not it is possible. The process varies from state to state, but you will need to fill out a release form and provide reasoning and proof for your removal.

Taking Your Name Off Someone's Bail Bond

Most bail bond companies, such as Future Bail Bonds, will allow you to take your name off of someone’s bail bond. As long as all necessary payments have been made and a different cosigner appointed as a replacement if required, it should not be a problem. Your bail bonds agent will talk you through the process and speed up the process.

Dealing with a Cosigner Who Moves Away

The time between the arrest and the court date can be lengthy, and your life circumstances can change in the interim. A cosigner’s relationship with the defendant may change, or they may move away and no longer wish to be associated with the bail bond. A cosigner has no legal obligation to remain in the state while their name is on the document, but it’s understandable they may wish to be removed. As long as there is a suitable replacement and there are no outstanding payments, then the cosigner may be released from their responsibility.

If you need help cosigning a bail bond or wish to remove your name from the bond, get in touch for more information.