911 Bail Bonds - Indemnitor Packet

All questions must be answered completely or delay will occur. All information is confidential.

People Living with the Defendant

Authorization to Release Information

Purpose

Records Covered

Duration and Right to Revoke

Acknowledgments

Initial next to each item.

I have read and received a copy of the standard surety bail bond agreement.

This indemnitor/guarantor checklist is intended to clarify and explain the standard surety bail bond agreement.

I understand I am responsible to make the payments for money due on the premium as described above. Finance charges are computed on unpaid balances on the 30th day of each month at a rate of ten percent per annum. There is a late fee (percent shown in Checklist Amounts above) on all scheduled payments not received within five days of the due date.

I understand I am required to pay the amount of the bail premium every year in advance hereafter, until the surety is legally discharged from all liability on the bond(s) posted.

I understand I am responsible for paying the full amount of the bond posted if the defendant does not appear in court, for every appearance and any other time ordered by the court, until defendant is sentenced or the court dismisses the case.

The court will enter a forfeiture of the bail if the defendant fails to make any court appearance. I understand that if the bond is ordered forfeited and it is not ordered reinstated, or exonerated that I must pay the full amount of the bail forfeited to the bail agency.

I understand I am responsible if it becomes necessary to arrest and surrender the defendant. That I am responsible for paying for investigation, location and apprehension time: this is billed at the investigator rate per hour per investigator plus expenses or the percent of bond shown in Checklist Amounts above, whichever is greater. Investigation costs will begin to accrue after a court forfeiture or when any co-signer requests the defendant be placed back in custody or when any condition exists as defined in the bail bond agreement. Specifically, but not limited to Sections Five and Eleven. If no investigation costs have been incurred prior to a voluntary surrender of defendant at the jail facility of the court specified on the bail receipt there will be no investigation cost charged. Reasonable court costs, as described in Paragraph 8 of this checklist, will be charged if applicable and a receipt will be provided.

I understand that if the bail is ordered forfeited by the court, that I am responsible to pay court costs and reasonable appearance fees (a minimum of the Minimum Appearance Fee shown above) for the bail agency to reinstate or exonerate the bail bond if necessary.

I understand that if I breech the bail bond agreement, by non-payment or any other action as defined by the bail agreement, I am responsible for any collection actions taken, including attorney fees and costs. Attorney's fees are a minimum of the Attorney Rate shown above an hour. If any collection action needs to be taken a minimum fee (Minimum Collection Fee shown above) will be charged.

I understand that collateral cannot be released until all bonds posted on my behalf for the defendant have been exonerated, and written notice from the court provided to the bail agency.

I understand that substitution of collateral is done at the discretion of the surety and the bail-bonding agency. There are no agreements to substitute collateral at a future date.

I understand that it is my responsibility to request return of any collateral provided. There may be a delay of return of collateral until the bail agency has researched the exoneration date and verified the bail bond status with the appropriate courts. This process may be done faster if I obtain written verification of the bond exoneration from the court and provide it to the bail agency.

This checklist is intended to explain and clarify the standard bail agreement, which is the entire contract with the bail agency. There are no additional terms nor are there any exemptions to the contract either in writing or verbally, that limit my responsibility under the bail agreement.

I declare that all statements made on the application and financial statements are true. I agree to notify the bail agency within 48 hours of any changes, including but not limited to any change of address or employment of either the criminal defendant or myself.

I understand the obligation under this agreement is joint and several. This means that I may be held solely and individually liable for up to the full amount owed for any and all charges, even if there are other cosigners on the agreement.

Agreement of Venue: I agree that if legal action between the parties concerning this bail bond is brought, it shall be brought in and before a federal or state court in the County and State shown in Checklist Amounts above.

I HAVE READ AND AGREE WITH THE ABOVE DECLARATIONS AND UNDERSTAND MY RESPONSIBILITIES AND OBLIGATIONS AS INDEMNITOR/GUARANTOR.

You are assuming specific obligations - READ CAREFULLY!

This AGREEMENT is made between the undersigned Indemnitor named above, hereinafter called "Indemnitor" and FINANCIAL CASUALTY & SURETY, INC., hereinafter called "Company"). WITNESSETH: WHEREAS, the Company has executed, or is about to execute, on behalf of and/or at the instance of the Indemnitor, the Bond or undertaking described in the foregoing application, upon the security and indemnity herein provided, which application is hereby referred to and made a part of this Agreement. NOW THEREFORE, in consideration of the execution by the Company of such Bond or undertaking, the Indemnitor covenants and agrees with the Company as follows: 1. The Indemnitor will pay the Company, or its duly authorized Agent, a premium in the amount shown above as "Premium." 2. The Indemnitor will at all times indemnify and keep indemnified the Company and save harmless the Company from and against any and all claims, demands, liabilities, costs, charges, legal fees, disbursements and expenses of every kind and nature, which the Company shall at any time sustain or incur, and as well from all orders, decrees, judgments and adjudications against the Company by reason or in consequence of having executed such Bond or undertaking in behalf of and/or at the instance of the Indemnitor (or any of them) and will pay over, reimburse and make good to the Company, its successors and assigns, all sums and amounts of money required to meet every claim, demand, liability, costs, expense, suit, order, decree, payment and/or adjudication against the Company by reason of execution of such Bond or undertaking and any other Bonds or undertakings executed in behalf of and/or at the instance of the Indemnitor and before the Company shall be required to pay thereunder. The liability for legal fees and disbursements includes all legal fees and disbursements that the Company may pay or incur in any legal proceedings, including proceedings in which the Company may assert or defend its right to collect or to charge for any legal fees and/or disbursements incurred in earlier proceedings. 3. The Indemnitor will immediately notify the Company at its principal office in the City of Houston, P.O. Box 4479, 77210-4479 of making of any demand or the giving of any notice, or the commencement of any proceeding or the fixing of any liability which the Company may be required to discharge by reason of the execution of any such Bond or undertaking. 4. The vouchers or other evidence of payment by the Company, in discharge of any liability under or incurred in connection with any such Bond or undertaking or incurred in connection with any collateral held by the Company, shall be conclusive evidence against the Indemnitor of the fact and amount of the liability of the Indemnitor to the Company. 5. In the event the Company executes any Bond or undertaking with Co-Sureties, or reinsures any portion of any such Bond or undertaking, or procures the execution of any such Bond or undertaking, the Indemnitor agrees that all of the terms and conditions of this instrument shall apply to and operate for the benefit of the Company, the procured sureties and/or co-sureties and/or reinsurers as their respective interests may appear. 6. The Company shall have the right at any time, without notice to the Indemnitor, to transfer and assign this Agreement and/or the collateral pledged hereunder, to any Reinsurer, Co-Surety or Insurance Company which may take over and assume, in whole or in part, the obligation of the Company under any such Bond or undertaking and thereupon the transferee shall become vested with all the powers and rights given to the Company hereunder and the Company shall be relieved and fully discharged from any liability or responsibility for said collateral and under this Agreement. 7. The Indemnitor agrees that the Company may at any time take such steps as it may deem necessary to obtain its release from any and all liability under any of said Bonds or undertakings, and it shall not be necessary for the Company to give the Indemnitor notice of any fact or information coming to the Company's notice or knowledge concerning or affecting its rights or liability under any such Bond or undertaking, notice of all such being hereby expressly waived; and that the Company may secure and further indemnify itself against loss, damages, and/or expenses in connection with any such Bond or undertaking in any manner it may think proper including surrender of the Defendant (either before or after forfeiture and/or payment) if the Company shall deem the same advisable; and all expenses which the Company may sustain or incur or be put to in obtaining such release or in further securing itself against loss, shall be borne and paid by the Indemnitor. 8. The Indemnitor hereby authorizes any attorney of any court or record to appear for him or them in and before any court, in any action, suit or proceeding, and receive process on behalf of the Indemnitor, or waive the issuing and service of process, and enter or confess judgment, or permit judgment to be entered, against the Indemnitor (jointly and/or jointly and severally) in favor of the Company, for the amount of any forfeiture which may be taken against the Company on the said Bond or undertaking and for the amount of any and all sums hereinbefore referred to in paragraphs 1, 2 and 7; and to release all error and waive all right to a stay of execution or appeal; and to do and perform all acts and execute all papers in the name of the Indemnitor in order to carry into effect the authority hereinabove given in as full and ample a manner as the Indemnitor might do if personally present, hereby ratifying and confirming all that the said attorney shall do or cause to be done by virtue thereof and the Indemnitor hereby irrevocably waives the benefit or advantage of any and all valuation, stay, appraisement, or homestead exemption law or laws of any state of the United States, now in force or hereafter enacted. 9. This instrument shall be binding not only upon the Indemnitor (or Indemnitors, jointly and/or jointly and severally), but as well upon the heirs, executors, administrators, successors, and assigns of the Indemnitor. 10. The Company reserves the right to decline to issue the Bond for which application is hereby made, and no claim shall be made against the Company in consequence of its failure to execute such Bond; nor shall any claim be made in case the Bond, if executed, is not accepted by or on behalf of the obligee. 11. The Indemnitor hereby warrants that the foregoing declarations made and answers given are the truth without reservation and are made for the purpose of inducing the Company to become surety or to procure suretyship on the Bond or undertaking applied for herein, with the intent and purpose that they be fully relied on. 12. The Company shall not be first obliged to proceed against the Principal(s) on any such Bond or undertaking before having recourse against the Indemnitor or any of them, the Indemnitor hereby expressly waiving the benefit or any law requiring the Company to make claim upon or proceed or enforce its remedies against the Principal(s) before making demand upon or proceeding and/or enforcing its remedies against any Indemnitor. 13. The acceptance of this Agreement and of the Indemnitor agreement to pay premiums on the execution and on continuance of said Bond or undertaking, and/or the acceptance at any time by the Company of other collateral security or agreement, shall not in any way abridge or limit the right of the Company to be subrogated to any right or remedy, or limit any right or remedy which the Company may otherwise have, acquire, exercise or enforce under this or any other agreement or by law allowed, and the Company shall have every right and remedy which an individual surety acting without compensation would have; all such rights being construed to be cumulative and for the sole benefit of the Company, its successors and/or assigns. 14. If any provision or provisions of this instrument are void or unenforceable under the laws of any place governing its construction or enforcement, this instrument shall not be void or vitiated hereby, but shall be construed and enforced with the same effect as though such provision or provisions were omitted. 15. In making application for the hereinabove described Bail Bond we warrant all of the statements made on the this instrument to be true and we agree to advise the Surety or its Agent of any change (especially change of address) within 48 hours after such change has occurred and agree that any failure to so notify shall be cause for the immediate surrender of the Defendant without any liability for the return of any part of the premium. THE PREMIUM PAID ON THIS BOND IS NOT RETURNABLE IN TESTIMONY WHEREOF I have hereunto set my hand on the date signed below.

Authorization Instructions

While on bond, the Defendant must follow these rules to remain on bond and in good standing with our office. As Indemnitor, I have read them and will help make sure the Defendant follows them. Initial next to each rule.

Rule 1: The Defendant must report to our office within 24 hours of release with proper identification.

Rule 2: The Defendant must check in every week by phone or in person.

Rule 3: The Defendant must report any change in phone number, address, or employment within 24 hours of the change.

Rule 4: The Defendant must receive written approval from our office before leaving the state, and any permission required by the Court.

Rule 5: The Defendant must contact our office immediately if a court date is missed, so we can help get the Defendant back on the court calendar and out of warrant status.

Failure to follow these rules is a violation of the bail bond agreement and may result in revocation of the bond and the Defendant's surrender to custody.