What should a co-signer know before signing a bail bond?
When a bondsman posts bond, a family member or friend is often asked to co-sign as the indemnitor. That is a financial promise. Here is what it usually means, what South Carolina law requires of the bondsman, and what to ask first.
Last reviewed · Information, not legal advice
What a co-signer usually agrees to
The person arrested is the principal on the bond. A co-signer, often called the indemnitor, signs an agreement with the bondsman. The exact terms are in that agreement, so read it, but co-signers commonly promise to:
- help make sure the person goes to every court date;
- tell the bondsman about any change of address or job;
- pay the bondsman's losses and costs if the person misses court or breaks a condition and the bond is forfeited;
- pay any unpaid premium under a payment agreement.
South Carolina law refers to indemnitors directly. Under a payment agreement, "the principal on the bail bond or any indemnitor" must make the $100 minimum down payment, and if payments stop for two consecutive months, the bondsman must send a certified notice to both the principal and the indemnitor (S.C. Code § 38-53-170).
Laws, forms, and practices can change. This is general information, not legal advice.
Collateral
A bondsman may accept collateral from the principal or others, but it must be reasonable in relation to the amount of the bond, and the bondsman must give a written receipt describing it in full (S.C. Code §§ 38-53-170, 38-53-180). The bondsman must also represent that the collateral was not obtained from anyone with a greater interest in the person's disappearance than in their appearance.
Collateral must be returned within ten days after liability on the bond ends, unless a bench warrant has been issued. If the bond is forfeited, the bondsman cannot turn collateral into cash without first sending the depositor ten days' notice by certified mail, and must then account for what was received and return any amount over the final judgment, less reasonable expenses. See getting collateral back.
What happens if the person misses court
The court issues a bench warrant and must notify everyone bound on the bond within 30 days. If the surety does not surrender the person, or place a hold on their release from custody elsewhere, within 90 days of the warrant, the bond is forfeited (S.C. Code § 38-53-70). The court can later remit all or part of the judgment if justice requires. A co-signer's exposure depends on the agreement they signed. See missed court dates.
Surrender
A bondsman who wants off a bond for good cause files a motion to be relieved with the clerk of court. If the defendant has violated, or is about to violate, a specific term of the bond, the surety may take them to the detention facility and must file an affidavit within three business days explaining why. Nonpayment of premium alone is not enough for immediate jailing (S.C. Code § 38-53-50).
Questions to ask before you co-sign
- What exactly am I liable for, and for how long?
- What collateral do you need, and will you give me a written receipt describing it?
- Is there a payment agreement? Who is responsible for payments?
- What check-ins or conditions will the person have, and what happens if one is missed?
- How will you tell me about court dates and problems?
- Can I have a copy of everything I sign, today?
Check the bondsman's license with the S.C. Department of Insurance before you sign. See how to check a license.
Another option: accommodation bondsman
A South Carolina resident who owns real estate can sign the bond directly as an accommodation bondsman, without a professional bondsman or a premium. In Spartanburg County, the Sheriff's Office says to apply at the magistrate court office in the detention center with photo ID, the property address, and the balance of any liens, judgments, and other bonds you have signed. The clerk checks the assessor's records and works out how much bond the property can cover. An accommodation bondsman owes the full bond to the state if the person fails to appear.
Licensed companies serving Spartanburg County are in the directory.
Who you will deal with
S.C. Department of Insurance – Bondsman licensing
1201 Main Street, Suite 1000, Columbia, SC 29201
Spartanburg County Bond Court (Detention Center)
950 California Avenue, Spartanburg, SC 29303
More offices, with notes, are on the local resources page.
Find local help
Listings come from public records or from the business itself. A listing is not a recommendation.
Common questions
Can I stop being a co-signer?
Not by yourself. Only the court can relieve a surety of a bond. If you are worried the person will not appear, talk to the bondsman right away; the bondsman can ask the court to be relieved and, in some situations, surrender the defendant under S.C. Code § 38-53-50.
What if the person misses court?
The court issues a bench warrant and the bond can be forfeited if the person is not surrendered within 90 days. Under a typical indemnity agreement, the bondsman can then look to the co-signer and any collateral. Read your agreement for the exact terms.
Is co-signing the same as being an accommodation bondsman?
No. A co-signer signs an agreement with a professional bondsman. An accommodation bondsman is a South Carolina property owner who signs the bond directly with the court, without a bondsman, after the magistrate's office checks the property's value.
Do I get a copy of what I sign?
Ask for copies of every page before you leave. State law requires a written receipt for any collateral, with a full description.
Sources
Official sources checked on October 29, 2026.
- S.C. Code § 38-53-170 and § 38-53-180: payment agreements, indemnitors, collateral receipts
- S.C. Code § 38-53-50: surrender of the defendant; motion to be relieved
- S.C. Code § 38-53-70: bench warrant, notice, forfeiture
- S.C. Department of Insurance: Bondsman
- Spartanburg County Sheriff's Office: Bail Proceedings (accommodation bondsmen)