Utah Admin. Code 590-196-6
A surety insurer, bail bond agency, or bail bond producer shall use the following disclosure form, or a form that contains substantially 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: | Cosigner: |
Court: | Charge: |
Bail bond amount: | Bail bond number: |
Initial Premium and Fees, non-refundable. | |
....bail bond premium, maximum: no more than 20%; minimum: not less than 10% | $...... |
....document preparation, not to exceed $20 per set of bail bond forms | $...... |
....credit card fee, not to exceed 5% of amount charged to credit card | $...... |
total initial premium and fees $...... | |
Additional Fees. | |
(1) Limited to actual and reasonable expenses required because the defendant fails to appear before the court at any designated time, fails to comply with a court order, or fails to comply with the terms of a bail bond agreement or a promissory note pertaining to that agreement. The following are reasonable expense fees: | |
(i) reasonable mileage expense fee pursuant to IRS standard mileage rates for business; | |
(ii) reasonable and actual apprehension expense fees, including meals at mid-range restaurants, lodging at mid-range hotels, transportation at no more than coach fares; and | |
(iii) 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 a court or a 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 a Bail Bond. | |
(1) If the defendant violates any of the following, the defendant shall be subject to immediate bond revocation and the defendant, or the co-signer, or both, shall be subject to all the costs incurred to return the defendant to the court. | |
(2) 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 producer, bail bond agency, or surety insurer; | |
(c) a material and detrimental change in the collateral posted by the defendant or someone acting on defendant's behalf; | |
(d) the defendant changes their address or telephone number or employer without giving reasonable notice to the bail bond producer, bail bond agency, or surety insurer; | |
(e) the defendant is arrested for another crime, other than a minor traffic violation, while on bail; | |
(f) the defendant returns to jail in any jurisdiction and revocation is served on the defendant before the defendant is released; | |
(g) failure by the defendant to appear in court at any appointed time; | |
(h) the defendant is found guilty 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 bail bond is exonerated: | List collateral...... |
The following has been given as collateral to guarantee payment of bail bond premium or fees: | List collateral...... |
If judgment is entered against the surety insurer or bail bond agency, or the bonding premium or 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 bail bond premium or fees. If proceeds from the sale of the collateral are insufficient to cover the outstanding balance due, the defendant, the cosigner, or both, agree to be personally liable for the difference. If 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 bail bond are true and accurate. The co-signer agrees that should the co-signer request XYZ Bail Bonds to revoke the defendant's bail 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 the co-signer requests to revoke the bail bond without probable cause, the co-signer will be responsible to reimburse the defendant the bail bond premium or 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: |
Utah Admin. Code R590-196-6