How much can a bail bondsman charge in South Carolina?

The rule in one sentence

A bondsman may accept nothing of value from the defendant except the premium, which may not exceed 15 percent of the face amount of the bond, with a minimum of $100 or 10 percent of the bond, whichever is greater, charged and collected before the bond is executed (S.C. Code § 38-53-170(e)).

This is the law as of October 2026. Fees and rules can change; the statute link above always shows the current text.

A worked example

On a $5,000 surety bond, the minimum premium is $500 (10 percent, because that is more than $100) and the maximum is $750 (15 percent). On a $600 bond, 10 percent is $60, so the $100 minimum applies. These are illustrations of the statute, not quotes; ask each bondsman for the exact amount in writing.

Payment agreements

The statute lets a bondsman enter a payment agreement, attached to the bond paperwork as a statement of the bondsman. Under § 38-53-170:

• the principal or an indemnitor must make a minimum down payment of $100;
• the agreement may not be altered and may not run more than 18 months after the bond was executed;
• if no payment is made for two consecutive months, the bondsman must send a certified notice to the last known address of the principal and indemnitor demanding payment within ten days;
• if payment is not made by then, the bondsman must surrender the defendant to the detention facility and ask the court to be relieved of the bond, and the balance becomes due before or at that hearing for the person to be released on bond again.

Separately, § 38-53-50 says nonpayment of premium fees alone is not sufficient cause for immediate jailing. Practices differ: some bondsmen say on their own websites that they do not finance premiums at all. Ask before you rely on a payment plan.

What is not part of the premium

Money that the bond's own conditions require, such as the cost of electronic monitoring, is not part of the premium and is not limited by the 15 percent cap. The bondsman may collect those costs. Ask for a written list of every charge you could owe, when, and to whom.

Other things a bondsman may not do

The same statute bars a bondsman or runner from, among other things:

• paying or giving anything of value to a jailer, officer, magistrate, or other official to get business or a lower bond;
• giving anything of value to the defendant or anyone on their behalf;
• suggesting or naming a particular attorney for the defendant;
• soliciting business in any court, a magistrate's office, or in or about any place where prisoners are held.

A bondsman also must identify who is paying the premium, and any collateral must be reasonable in relation to the amount of the bond.

What to ask for before you sign

1. The bond amount and the premium, in writing.
2. Whether there is a payment agreement, and a copy of it.
3. A written receipt for any collateral, describing it in full (S.C. Code § 38-53-180).
4. A copy of every page you sign, including any indemnity agreement.
5. The bondsman's name and license, which you can check with the S.C. Department of Insurance. See how to check a license.

If something seems wrong

The S.C. Department of Insurance licenses bondsmen and takes complaints. Its bondsman page has an online complaint form and a separate complaint form "only to be used for violations of the 10% code of law." The bondsman licensing line is 803-737-0719.

Related: what co-signers should know and getting collateral back. Licensed companies serving Spartanburg County are in the directory.