A bail bond indemnitor is an individual who essentially co-signs a bail agreement to secure the jail release of another person. If your loved one is arrested and you want to get them back home fast, you might wonder if acting as a bail bond indemnitor is the best way to do so.

What does it mean to be an indemnitor?

Indemnitor — the person or organization that holds another (the indemnitee) harmless in a contract.

What is an indemnitor application?

Indemnitor – Often called a “co-signer”, the indemnitor is responsible for signing a bail agreement/contract, and qualifying for the bond on behalf of the defendant. ... Face Amount – The full amount of the bond.

What happens when bond is forfeited?

Bond forfeiture means that the court can collect the bond money because the surety failed to produce Joe in court, as required. A forfeited bond becomes the property of the jurisdiction hearing the case. ... This means that Joe will be held in jail without bond until he resolves his case.

Is an indemnitor a guarantor?

An indemnitor, also called a guarantor, is a person or group of people agreeing to cosign for the bail bond of a defendant through a company that offers bail bonds, such as an underwriter or agent. ... An indemnitor is usually a coworker, family member, or friend of the defendant.

What is a bail bond indemnitor? Can I be a cosignor on a bond?

15 related questions found

Who is the indemnitor and indemnitee?

The indemnitor, also called the indemnifier, or indemnifying party, is the person who is obligated to hold harmless the other party for its conduct, or another person's conduct. The indemnitee, also called the indemnified party, refers to the person who receives indemnification.

What is the difference between a guarantee and an indemnity?

Unlike a guarantee, an indemnity need not be in writing or signed by the indemnifier in order to be effective. More robust. Being a primary obligation, an indemnity will be valid even if the underlying transaction is set aside; unlike a guarantee, which is dependent on the underlying transaction.

What is a bail forfeiture?

A bail is forfeited when a defendant fails to appear, without sufficient excuse, for arraignment, trial, judgment, or any occasion prior to the pronouncement of judgment if the defendant's presence in court is legally required, or if the defendant fails to surrender in execution of the judgment after appeal.

What does Judgement on forfeiture mean?

When a motion for judgment on the bond forfeiture against the obligor is not filed prior to the entry of judgment on the criminal case, the order of forfeiture shall be deemed set aside, and any bond monies shall be released to the obligor after payment of fines and costs.

What does forfeiture mean in court?

Forfeiture is the loss of any property without compensation as a result of defaulting on contractual obligations, or as a penalty for illegal conduct. ... When mandated by law, as a punishment for illegal activity or prohibited activities, forfeiture proceedings may be either criminal or civil.

Who is the obligee on a bond?

Obligee — a person or organization to whom another party (the "obligor") owes an obligation. In a bonding situation, this is the party that requires and receives the protection of the bond.

What is the meaning of Indemnifier?

The definition of an indemnifier is someone or something that protects against or compensates for loss or damage. An example of an indemnifier is car insurance. noun.

Who is the obligee?

Obligee is a person or entity to whom an obligation is owed. It is a term that is often used in contract law. An obligee can be a creditor or a promisee. For example, in a principal surety relationship, an obligee is the creditor who may enforce payment or performance by either principal or surety.

How do you write a hold harmless agreement?

How to Fill Out a Hold Harmless Agreement

1. The date of the agreement.
2. The name of the person held harmless or protected, with their address.
3. The name of the other party to the agreement, with their address.
4. Details about the activity or event the agreement is about, such as horseback riding or country club membership.

What does hold harmless mean?

A hold harmless agreement protects business owners from being sued when someone suffers damage, bodily injury, or financial loss on business property or while a service is being provided.

What is a Indemnitor in insurance?

Indemnity is a comprehensive form of insurance compensation for damages or loss. In a legal sense, it may also refer to an exemption from liability for damages. The insurer promises to make the insured party whole again for any covered loss in exchange for premiums the policyholder pays.

What is a motion for bond forfeiture?

A bond forfeiture occurs when a person is required to show up for court on either a personal bond or a surety bond, and they fail to show up for that court date. ... In the case of a surety bond, the county will sue the bail bondsman.

Is forfeiture a conviction?

Civil Judicial Forfeiture

Unlike criminal forfeiture, there is no criminal conviction required, although the government is still required to prove in court that the property was linked to criminal activity.

What is a forfeiture allegation?

Typically in federal drug trafficking indictments there will be a criminal forfeiture allegation addended as the last or final count, alleging forfeiture of the vehicle or real property where the drugs were found, or any cash or weapons or other property found in conjunction thereof.

What are the grounds for forfeiture of bail?

If the accused fails to appear in person as required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show why no judgment should be rendered against them for the amount of their bail.

Do you forfeit bail?

The bail forfeiture is that situation when the bail is released to the court without being able to do any future repayment. When that happens, you will not be seeing the bail money ever again. The bail can be released either voluntary or involuntary, depending on the situation.

Do you get bail money back?

If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again.

What are the rights of Indemnifier?

The indemnifier has a right to get the title of the goods after the settlement and has the right to sue the third party claiming the damages. It is the duty of indemnifier to indemnify promisee against damages, cost and all sums in any suit of a matter where the former promised the latter to indemnify him.

Does a guarantee require consideration?

Again, when a guaranty is executed after the promissory note to which it relates, there must be independent consideration for the guaranty, separate from whatever consideration was provided in connection with the note. Without that, the guaranty is not enforceable.

Are guarantees enforceable?

A guarantee is a secondary obligation which secures the obligations of a third party. ... An indemnity may therefore be enforceable even if the principal party is not in default of its obligations and will still be enforceable in the event that the underlying transaction is set aside.