FAQ's
Q. What is a bondsman?
A. A Bail Bondsman is a person who acts as a Surety and pledges money or property to guarantee the
appearance of a criminal defendant in court. In the state of North Carolina a bondsman must be
licensed and appointed.
Q. How are Bail Bondsmen compensated?
A. When you contract the services of a bondsman a fee of 10-15%
of the face amount of the bond is usually required.
Q. What is the legal maximum a bondsman can charge as a nonrefundable fee?
A. 15% of the bond amount.
Q. Which governmental agency regulates bondsmen in the state of North Carolina?
A. The North Carolina Department of Insurance or NCDOI.
Q. Where can I file a complaint against a bondsman?
A. All complaints against bondsmen can also be filed at www.ncdoi.com. The investigators are
sworn police officers and consumer advocates with extensive knowledge of the bail laws and prohibited
practices.
Q. Once a bondsman's services have been contracted, what is needed in order to remain in good
standing with the bonding company?
A. In order to remain in good standing with the bonding agency an individual would simply need to
attend his scheduled court appearances and pay any balance of premium. The bonding company may
impose a few additional stipulations on a case by case basis.
Q. Is there an alternative to using a bondsman when a person is arrested?
A. The alternative to using a Bail Bondsman is paying the entire bond amount directly to the magistrate in cash
Ex. A $20,000bond for a Embezzlement charge would require that $ 20,000 in
cash be delivered to the magistrate's office before the defendant's release would be processed.
Q. Is the bail premium I pay to the bondsman refundable?
A. No. The premium or fee that bondsmen charge for use of their services is not refundable.
Q. What circumstances would a Bonding company require collateral?
A. In some cases, other measures are needed to secure the defendant's appearance. For large
bonds it is a common practice for a agent to require a promissory note secured with a deed of trust
or collateralize a vehicle or other valuable item until the case is disposed of; at which point the
collateral is returned. In the state of North Carolina a bondsman can charge up 100 % of the bond
amount in collateral. This collateral must be returned 72 hours after the disposition of the case.
Q. Is the collateral that a bonding company collects refundable?
A. Yes. The collateral a bondsman collects is fully refundable provided that the bondsman is not
required to pay a bond forfeiture as the result of the defendant failure to appear in court.