What To Do When The Cosigner Revokes Your Bail Bond

Posted on: 20 February 2020

When a friend or family member bails you out of jail, it's natural to expect them to support you for the entirety of your court case. For one reason or another, though, some cosigners decide to relieve themselves of responsibility for defendants and revoke the bonds, which typically results in the defendants returning to jail. If the cosigner in your case indicates he or she will do the same, here are a couple of things you can do.

Get the Bail Bond in Your Name

Generally, bondsmen only require cosigners when they are unable to issue bonds for defendants directly. There can be a number of reasons defendants are rejected, such as previous bail jumping incidents or the bail is set too high for comfort. The bondsman will typically ask for a cosigner to reduce their risk of loss. For example, if bail is set too high (e.g. $5 million), they may ask for a cosigner who can provide collateral that will cover the amount in case bail is forfeited.

If there is no reason why you wouldn't qualify on your own (e.g. it was more convenient to have your friend bail you out than do it yourself), then ask the company to transfer the bond into your name. You might have to pay a fee, but that's infinitely better than being sent back to jail.

Don't be afraid to ask to transfer the bond to you even if there are issues, though. Determine what the company's objections are and try to overcome them. For instance, if the bondsman is afraid you'll jump bail, ask what will allay their fears. Something as simple as providing additional references or agreeing to check in on a regular basis may be enough to secure the bond.

Object to the Bail Revocation

You have the right to object to the bail revocation; though, this isn't a formal process but rather a sit-down meeting with the cosigner, the bail bond agent, or both. If possible, talk to the cosigner first to uncover why the person wants to revoke the bond. In all likelihood, the cosigner may feel that the risk of loss is too great for them to handle, and you'll need to find some way to soothe their concerns.

For instance, the person may be afraid to lose the collateral they put up to secure your freedom. You could offer to use your own property as substitute to help alleviate some of their worries.

If the cosigner remains adamant, you could force the issue by discussing the revocation with the bail bond agent directly. Bondsmen are not fond of letting cosigners cancel their bond contracts, so the cosigner will have to provide a good reason to do so. If the agent is on the fence, a call from you objecting to the proceeding may convince them not to go through with it. Alternatively, there may be a clause in the bond contract you can use to prevent the revocation from going through. Be careful, though. If you go this route, you may lose a friend.

For more information about bail bonds or help securing your release from jail, contact a local bond company.