Can You Get Your Money Back if You Posted Someone’s Bond?

Posted by Corey L. Scott | Dec 01, 2021 | 0 Comments

Can you get your money back if you have posted bail for a loved one? This is a question I receive all the time, and the answer to this depends on what type of bond/bail you have paid, as there are quite a few different kinds.

The first type of bond we will discuss is called a surety bond. A surety bond is a loan provided by a bail bondsman, in exchange for a percentage of the bail amount set by the court. Once the bondsman has been paid the agreed upon percentage, they will then give the total bail amount to the court along with their word that if the defendant does not show up to their court date, they are responsible for retrieving them and bringing them back to court. With a surety bond, the percentage that is paid to the bondsman in exchange for the loan does not get returned to you. This is in part due to the risk the bondsman takes when posting the full amount of bail on the defendant's behalf. If the defendant does not show up for court, the bondsman is the one who is not going to be returned that full amount of bail money posted.

There are other types of bonds or bails in Indiana that do allow for refunds. The first kind of bond with the opportunity for a refund is very similar to the surety bond, where you would pay the bondsman. In this type of bond however, a personal relative will pay a percentage of the bail amount determined by the court, typically 10%, and sign a contract ensuring they are responsible for seeing that the defendant shows up for their scheduled court date. If the defendant shows up for their court proceedings and the matter is resolved, you can then go back to the clerk's office, show them your ID, and receive the money you posted on your relatives' behalf.

The other type of bond that allows you to recover the money posted is a cash bond. With a cash bond, an individual will pay the full bail amount set by the court in cash, which the court will hold onto and return once the defendant shows up for their court date and the matter is settled.

I hope that this has been helpful. If you have any questions related to this post or anything else, feel free to reach out to me. I am always more than happy to help. Until next time, remember this- if you have to be guilty of anything, be guilty of greatness. 

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.


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