How do you get bail money or collateral back in South Carolina?

First, which kind of bond was it?

• Personal recognizance bond: no money was posted, so nothing comes back.
• Cash bond or 10% cash deposit with the court: returned by the clerk of court when the defendant meets the bond's conditions, except as the law provides (S.C. Code § 17-15-15).
• Professional bondsman: the premium is never refunded. Any collateral you gave the bondsman comes back from the bondsman under the rules below.
• Accommodation bondsman (property): no money changes hands; the property owner's obligation ends with the bond.

Laws and procedures can change. Confirm with the clerk or a lawyer.

Collateral held by a bondsman: the ten-day rule

South Carolina law says a bondsman may accept collateral, which must be returned within ten days after final termination of liability on the bond, unless a bench warrant has been issued (S.C. Code § 38-53-170). Liability usually ends when the case ends: dismissal, a plea and sentence, or a verdict. The law also requires:

• a written receipt for collateral, with a full description of what was taken (§ 38-53-180);
• collateral that is reasonable in relation to the amount of the bond.

Steps to get it back

1. Find your collateral receipt and the bond paperwork.
2. Get proof the case is over. The clerk of the court that handled the case can tell you how to get a copy of the disposition. In Spartanburg County, General Sessions records are with the Clerk of Court at 180 Magnolia Street; magistrate and municipal cases are with those courts.
3. Send the bondsman a written request with a copy of the disposition, and keep a copy.
4. Count ten days from the end of liability. If the collateral is still not returned, contact the S.C. Department of Insurance, which licenses bondsmen and takes complaints (803-737-0719).

If the bond was forfeited

If the person missed court and the bond was forfeited, the bondsman may not convert collateral to cash until it sends a ten-day notice by certified mail to the last known address of the person who deposited it. After converting it, the bondsman must disclose the actual amount received and return any amount above the final judgment or consent amount, less reasonable expenses such as apprehension and legal costs, with copies of all receipts (S.C. Code § 38-53-170). See missed court dates.

Cash posted with the court

When cash or a 10% deposit is posted with the court, the clerk returns it after the defendant fulfills the conditions of the bond, except in situations the statute lists (for example, it can be applied as the law provides). The defendant can assign the deposit in writing to another person, such as the family member who paid it, by delivering a signed assignment to the clerk; the clerk then returns it to that person (S.C. Code § 17-15-15). Ask the clerk's office about its refund process and how long it takes.

Records to keep from day one

• The bond form and conditions.
• Every receipt: premium, collateral, payments.
• The payment agreement, if any.
• Court date notices and the final disposition.

These papers are what let you prove the bond is over and claim what is owed.

Related

• What co-signers should know
• What a bondsman can charge
• Bail bond directory