When using a Bail Bondsman in New Jersey to obtain release from a County Court, County Jail, or Police Station you will be (or should be) asked to supply some information about the Defendant and the Co-Signer or Indemnitor. You will also be required to sign a series of contracts, notices and indemnity agreements.
Please keep in mind, the bail bondsman has certain risk financial in posting a bail bond. A wise business person in any financial situation be it banking, mortgage, insurance or any of the like will require information from the borrower and about the subject loan matter. In this case the subject loan matter is the defendant known as the "Principal". Any of the afore mentioned businesses will secure the risk of the loan with contracts, employed borrowers and at times collateral. If you interview a perspective bail bondsman and he does not ask for this information or contracts or accepts as sufficient very little information and contractual obligations, beware!
If the Bail Bondsman is not worried about a secure bail bond contract and relationship, you should question why not. Perhaps he has no risk or is not planning on being in business long.
Another very important fact to take into consideration is you as the Indemnitor are also responsible to pay any and all financial loss. If the Bail Bondsman is acting in a fiduciary capacity he should not only secure the Bail Bond, he should have the best interest of all parties involved. The Bail Bondsman, by being diligent and thorough will also protect you in the long run by having the proper information and the ability to return the defendant back to court as required.
Some of the Bail Bond Forms will include;
1. Indemnitor Information Questionnaire.
With such information as Name, Address, Phone, Date of Birth, Social Security Number,
Employment and more.
2. Defendant Information Questionnaire.
Asking Name, Address, Phone, Date of Birth, Social Security Number,
Employment, Family Members, Charges, Bail Amount, Prior Criminal History and more.
3. Premium Receipt.
When you hand money to the bondsman he is required by law to give you a Numbered
Premium Receipt, stating the Defendants Name, Bail Amount, Charges, Amount Paid and
Amount Due. If you did not pay the premium in full any subsequent payments must be on a
separate payment receipt. (A Licensed Bail Bondsman can accept payment at any time or
place, if the person accepting payment is not licensed they must by law only accept payment
in a licensed office). Remember the Premium is a set price, if you do not have worthy credit
as many Co-Signers as they require, they can not charge you a higher rate.
4. Promissory Note for Payment Plan.
In the even you do not have the full premium you will be required to sign a Promissory Note.
They may not charge you interest, application or late fees.
(Unless the Bail Bond Agency is a Licensed Insurance Premium Finance Company or
they refer you to one).
5. Collateral Receipt.
At times on certain bails or a lack of approval requirements the Bail Bondsman can ask you
to deposit collateral with him. This can consist of Real estate, Cars, Boats, Motorcycles, Credit
cards, Stocks, Bonds, Jewelry, Personal credit, Bank accounts, Art work or anything of value.
By New Jersey Law a receipt must be issued stating most of the same as the Premium
Receipt and include what was taken as collateral, who pledged it and the terms. Collateral is
only returned upon the complete discharge of the Bail Bond.
6. Indemnity Agreement.
This form will spell out the terms of the agreement between the Indemnitor and the surety in
the event of bail forfeiture.
7. Contingent Promissory Note.
This is a note stating the Indemnitor will pay the Surety for loss incurred. It works in
conjunction with the Indemnity agreement. Where the agreement is what you agree to and
the Note is what you agree to pay.
8. Fugitive Fees Contract.
Recently the Department of Banking and Insurance along with a negotiation session with the
sureties came to terms on set fees that can be charged when a defendant fails to appear.
This came about because some where charging excessive fees.
The essence of the agreement is the Bondsman may charge the greater of 10% or $1,500.00.
This does not include any Attorney Fees or Court Costs. In no case can the amount exceed
110% of the bail amount.
9. Other Agreements or requirements.
Each agency will have some variation of the forms they use. Most will also include;
The Terms or the Bail or any other information they deem necessary.