Utah Administrative Code (Current through November 1, 2019) |
R590. Insurance, Administration |
R590-196. Bail Bond Surety Fee Standards, Collateral Standards, and Disclosure Form |
R590-196-6. Disclosure Form
-
The bail bond surety and its agents will use the following disclosure form or a form that contains similar language.
TABLE
XYZ Bail Bonds Disclosure Form
1234 South 1234 East, Salt Lake City, UT 84444:
801-123-4567 fax: 801-098-7654
Defendant.......................Co-Signer......................
Court...........................Charge.........................
Bond amount $...................Bond number....................
Initial Fees, non-refundable.
....bond premium, maximum: no more than 20%;
minimum: not less than 10%; $......
....document preparation, not to exceed $20
per set of bond forms. $......
....credit card fee, not to exceed 5% of amount
charged to credit card $......
total initial fees $......
Additional Fees.
(1) Limited to actual and reasonable expenses required
because the defendant fails to appear before the court at any
designated times, or fails to comply with the court order, or
fails to comply with the terms of the bail bond agreement or
any promissory notes pertaining to that agreement. The following
are some reasonable expense fees:
(i) reasonable expense fee for mileage is IRS mileage
reimbursement standard for business miles;
(ii) reasonable apprehension expense fees include
meals at mid-range restaurants, lodging at mid-range hotels,
transportation at no more than coach fares; and
(iii) reasonable collateral expense fees: actual
expenses to obtain collateral and, actual storage expenses,
if collateral is in a secured storage area.
(2) A late payment fee of $20 or 5% of the
delinquent periodic payment whichever is less.
(3) If a fee is charged by the court or the jail to
process a bail bond, the actual fee charged may be passed
through to the defendant or the co-signer.
Grounds for revocation of bond.
Should the defendant violate any of the following, the
defendant shall be subject to immediate bond revocation andthe defendant, or the co-signer, or both, shall be subject to
all the costs incurred to return the defendant to the court.
Grounds for revocation include the following:
(a) the defendant or co-signer providing materially false
information on bail bond application;
(b) the court's increasing the amount of bail beyond sound
underwriting criteria employed by the bail bond agent or bail
bond surety;
(c) a material and detrimental change in the collateral
posted by the defendant or one acting on defendant's behalf;
(d) the defendant changes their address or telephone
number or employer without giving reasonable notice to the bail
bond agent or bail bond surety;
(e) the defendant is arrested for another crime, other
than a minor traffic violation, while on bail;
(f) the defendant is back in jail in any jurisdiction and
revocations can be served prior to the defendant being released;
(g) failure by the defendant to appear in court at any
appointed times;
(h) finding of guilt against the defendant by a court of
competent jurisdiction;
(i) a request by the co-signer based on reasons (a)
through (h) above. Items (a) through (h) pertain to the
defendant; items (a), (c), (e) (g) and (i) pertain to
co-signers, if any.
Collateral.
The following has been given as collateral to guarantee
all court appearances of the defendant until the bond is
exonerated:
...............................................................
...............................................................
...............................................................
The following has been given as collateral to guarantee
payment of bond fees:
...............................................................
...............................................................
In the event judgment is entered against the surety or the
bonding fee is not paid according to the terms of the bail bond
agreement and its promissory note, if any, following written
notice to the undersigned of such judgment or non-payment, the
undersigned authorize XYZ Bail Bonds to convert the appropriate
collateral to collect the judgment or the unpaid bond fees.
Should proceeds from the sale of the appropriate collateral be
insufficient to cover the outstanding balance due, the defendant,
the co-signer, or both, agree to be personally liable for the
difference. Should proceeds from the sale exceed the
outstanding balance, the difference will be returned to the
depositor of the collateral. The depositor's signature below
constitutes acknowledgment of a Bill of Sale for the
collateral. The depositor accepts this agreement as a bill of
sale for the collateral.
By signing below I certify that I have read and understand
this disclosure form, the bail bond agreement and its
attached promissory note, if any. I certify under penalty of
perjury that all information given to XYZ Bail Bonds verbally
and in writing on all documents relevant to this bond are true
and accurate. The co-signer agrees that should the co-signer
request XYZ Bail Bonds to revoke the defendant's bond, with or
without probable cause, the co-signer will be responsible to
pay XYZ Bail Bonds and their agents for the time returning
the defendant to jail at the rates stated above in additional
fees. If requested by the co-signer to revoke the bond
without probable cause, the co-signer will be responsible to
reimburse the defendant his bond fees.
Date..............................Defendant....................
Date..............................Co-signer....................
Date..............................Depositor....................
I,......................................., agent of XYZ Bail
Bonds, certify that I have given a copy of all documents
pertaining to this bail bond agreement to the defendant, the
co-signer, the depositor, or any of the above, at the time and
date said bail bond agreement was executed.
Date....................Bail Bond Agent........................