California Title 10 Bail Regulations
California Title 10 Bail Law - Bail Collection and Charges Permitted PDF Print E-mail
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California Title 10 Bail Law
License Regulations
TRANSACTION OF BAIL THROUGH PARTNERSHIPS AND EMPLOYEES
CONDUCT OF BAIL LICENSEES
CONDUCT OF BAIL LICENSEES (cont)
Soliciting of Bail
Bail Collection and Charges Permitted
Bail Collateral
BAIL FILINGS AND RECORDS
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Page 7 of 9

2081. Collection and Charges Permitted

No bail licensee shall, in any bail transaction or in connection therewith, directly or indirectly, charge or collect money or other valuable consideration from any person except for the following purposes:

(a)
To pay the premium at the rates established by the insurer and set forth on the undertaking of bail or to pay the charges for the bail bond filed in connection with such transaction at the rates filed in accordance with Section 2094.
(b)
To provide collateral.
(c)
To reimburse himself for actual, necessary and reasonable expenses incurred in connection with the individual bail transaction, including but not limited to:
(1)
Guard fees after the first 12 hours following release of an arrestee on bail;
(2)
Notary fees, recording fees, necessary long distance telephone expenses (i.e., telephone calls billed by the telephone company as “long distance," but not those for which “message unit" charges only are made); telegram charges, travel expenses and verification of collateral outside of the county where the bail was arranged; a reasonable posting fee charged by a licensee operating in a county other than that where the bail was arranged; providing that no charge shall be made for travel from the licensee's office to post bail in an area where the licensee advertises in the yellow pages of the telephone directory unless the advertisement specifically so states. Such travel charges, when permitted, shall not exceed the amount allowed to be taken as a travel expense for income tax purposes under the federal Internal Revenue Code and Regulations thereunder, or the amount allowed by the State of California to be claimed for mileage by its employees, whichever the licensee chooses.
(d)
To reimburse himself for actual reasonable and necessary expenses incurred and caused by a breach by the arrestee of any of the terms of the written agreement under which and pursuant to which the undertaking of bail or the bail bond was written. Such reimbursement may not exceed the penal amount of such undertaking or bond and may include a reasonable charge for the services of the licensee, his employees, partners or other persons associated with him in the particular transaction of bail.
(e)
If a forfeiture of bail occurs and is not set aside, the expenses under (c) and (d) of this Section which are incurred within 180 days of such forfeiture may be charged in addition to the amount of such forfeiture.

2082. Prohibited Service Charges

Except to the extent permitted by Section 2081 (c), (d) , and (e), no bail licensee shall make any charge for his services in a bail transaction in addition to the premium on an undertaking of bail or the charge for a bail bond at the rates filed in accordance with Section 2094.

2083. Written Statements of Bail Transactions; Contents; Delivery

Every bail licensee shall, at the time of obtaining the release of an arrestee on bail or immediately thereafter, deliver to such arrestee or, if the negotiations concerning the bail were not with the arrestee, to the principal person with whom such negotiations were had, a numbered document containing the following information:

(a)
If an undertaking of bail, the name of the surety insurer.
(b)
The name and address of the bail licensee.
(c)
The name of the arrestee.
(d)
The date of release of the arrestee.
(e)
The date, time and place of the arrestee's required appearance.
(f)
The amount of bail.
(g)
The offenses with which the arrestee is charged.
(h)
The premium if an undertaking of bail, or the charge if a bail bond.
(I)
An itemization of all actual expenses described in Section 2081 (c) and (d), supported by vouchers and receipts, or true copies thereof.
(j)
The total amount of all charges.
(k)
The amount received on account.
(l)
The unpaid balance, if any.
(m)
A description of and receipt for any collateral received and a statement of any conditions relating thereto including a copy of any written agreement executed in connection therewith.

2083.1. Same; Additional Statements

If, after the release of an arrestee, additional expenses are incurred or charges made, the bail licensee shall immediately deliver to the person specified in Section 2083 an additional numbered document containing the information, required by Section 2083 (h), (i), (j), (k) and (l).

2084. Guarantor Agreements; Delivery; Notices

All guarantor agreements shall be in writing, or reduced to writing as soon as possible after consummation. If any person acts as a guarantor, a copy of the guarantor's agreement shall be delivered to him promptly upon his execution thereof. No bail licensee shall enforce any such agreement without disclosing to the guarantor all collateral held by such licensee indemnifying the bond to which the agreement relates, and the identity of all other guarantors thereof, if any.

2086. Undertakings of Bail; Delivery; Compliance

No bail licensee shall deliver an undertaking of bail which does not comply with all of the provisions of Section 381 of the Insurance Code.

2087. Waiver of Rights of Guarantor, Prohibited

No bail licensee shall require the waiver by a depositor of collateral or by a guarantor of any right he might have or thereafter acquire in connection with any bail transaction. No bail licensee shall require or accept in connection with any bail transaction any waiver of defense, confession of judgment, or other agreement impairing the right of the person with whom the bail is negotiated or any depositor of collateral or guarantor to a determination of his rights in a civil court.