SENECA INSURANCE COMPANY
CONTRACT FOR BAIL BOND
The undersigned, hereinafter referred to as “Co-Signer(s) and “Principal” make application to (Bail Agent Name/Agency Name) hereinafter called (Bail Agent Name/Agency Name) , for the execution by SENECA INSURANCE COMPANY a corporation, called “Surety,” of a Bail Undertaking herein referred to as “Bail Bonds” in penalty amount
$______on behalf of ______(Defendant Name)______
called “Principal,” and in consideration of (Bail Agent Name/Agency Name)arranging execution of or continuance of this Bail Bond, Co-Signer(s) as Principal do jointly and severally agree as follows:
FIRST: To pay (Bail Agent Name/Agency Name)$______for this Bail Bond. The premium is earned upon the release of the Principal. The premium is the cost that (Bail Agent Name/Agency Name) charges for executing the Bail Bond on the Principal’s behalf and cannot be refunded regardless of the fact that the Principal may have been improperly arrested, is innocent of the charges, the charges are dropped, or the Bail is reduced. A reduction in bail after the Principal’s release is significant only, in that, the total liability of this contract is thereby reduced to the new amount established by the Court.
SECOND: To insure (Bail Agent Name/Agency Name)that the Principal will faithfully attend all appearances or hearings scheduled by the Court in the matters for which Bail was undertaken.
THIRD: To pay (Bail Agent Name/Agency Name) or Surety, immediately upon demand, after the Court issues a notice of Bond forfeiture to (Bail Agent Name/Agency Name) .
FOURTH: To aid (Bail Agent Name/Agency Name) or Surety in securing release or exoneration of (Bail Agent Name/Agency Name) or Surety from all liability under Bail Bond, including the surrender of Principal to Court should (Bail Agent Name/Agency Name) or Surety or Co-Signer(s) or other reasonable cause, any one of which was material to the risk assumed, deems payment necessary to protect (Bail Agent Name/Agency Name) or Surety hereunder.
FIFTH: At any time, the Co-Signer(s) may request that the Principal be returned to the Court’s custody and the Bail Bond revoked. Revocation requests must include sufficient reason and must be in writing or on (Bail Agent Name/Agency Name) standard form. Sufficient reason includes but is not limited to a reasonable expectation that the Principal intends to breach this contract. The Co-Signer(s) whenever a revocation request is made must assist with the surrender of said Principal.
SIXTH: That all money or other property which the Co-Signer(s) and or Principal have deposited or may deposit with (Bail Agent Name/Agency Name) or the Surety may be applied as collateral security or indemnity for matters contained herein, and to accomplish the purpose contained herein, (Bail Agent Name/Agency Name) and/or the Surety is authorized to lawfully levy upon said collateral in the manner provided by law and to apply the proceed there from and any and all money deposited to payment of the liability related to any failure by the Principal or Co-signer(s) in meeting the obligation described in this Contract. If collateral is received by (Bail Agent Name/Agency Name) is in excess of the Bail forfeited resulting from the undertaking such excess shall be returned to the depositor(s) immediately upon satisfaction of the forfeiture demand of the Court.
SEVENTH: (Bail Agent Name/Agency Name) or Surety reserves the right to revoke the outstanding Bond and surrender the Principal, at any time, to the Court or jail for just cause. Just cause includes but is not limited to any violation, by the Co-Signer(s) or Principal, of any of the terms and conditions of this Contract. A Principal arrested for new criminal offenses or for whom a warrant of arrest has been issued by any City, County, State, Federal, or foreign jurisdiction will constitute just cause for revoking the Bail Bond. Just cause shall include a Principal’s unauthorized departure from (Bail Agent Name/Agency Name) jurisdiction.
EIGHTH: If the Principal is arrested on new criminal charges or served with a warrant, (Bail Agent Name/Agency Name) or Surety must be notified immediately by the Principal or Co-Signer(s) while the Principal is still in custody.
NINTH: The obligation hereunder are joint and several, the Co-Signer(s) hereby expressly waive the benefit of law requiring (Bail Agent Name/Agency Name) or the Surety to make claim upon or to proceed or enforce its remedies against the Principal before making demand upon or proceeding and/or enforcing its remedies against any one or more of the Co-Signer(s).
TENTH: In making application for Bail Bond, the Principal and Co-Signer(s) warrants all statements made by him or her on this application to be true and further agree to notify (Bail Agent Name/Agency Name) or Surety of any change, including but not limited to a change of residence or employment of either Principal or Co-signer(s), or any other material change in circumstances, immediately. Principal and Co-Signer(s) further agree that failure to notify (Bail Agent Name/Agency Name) of any changes shall be reasonable cause for the re-arrest and re-incarceration of the Principal.
ELEVENTH: The Principal and the Co-signer(s) waive the right of confidentiality regarding civil or criminal actions to which they are a party. The Principal and/or Co-Signer(s) authorize any City, County, State or Federal agency to release public or confidential information or to provide any physical record for review by (Bail Agent Name/Agency Name) or the Surety wherein the Principal or Co-Signer(s) are a subject. The Principal and/or the Co-Signer(s) hereby authorize the release of their personal credit history to (Bail Agent Name/Agency Name) by any public or private entity engaged in gathering and disseminating such information.
IN WITNESS WHEREOF, the Co-Signer(s) and Principal whose names are subscribed to the Contract for Bail Bond executing herewith each represents: I have read the Bail Agreement and I know the contents thereof, that I hereby acknowledge receipt of a copy of said Agreement; that I am the true and lawful owner of the property, whether real or personal, which is set forth in the Application for Bail (which Application is made a part hereof by reference as though herein fully set forth) is my property and that I own such property free and clear of all liens or encumbrances except as so noted, and I further promise not to transfer or encumber any of said property until my liability to said Agreement has been released. I understand (Bail Agent Name/Agency Name) or Surety has permitted the said bail to remain in force upon reliance of the statements made by me.
I do hereby unconditionally agree to reimburse(Bail Agent Name/Agency Name) for any loss or losses as a result of the execution of the aforesaid Bail Bond for failure of the Principal to appear. The undersigned further agrees to pay any costs for collections including but not limited to any or all attorney fees required for securing payment of this obligation.
PROMISSORY NOTE
Upon their demand, I promise to pay to (Bail Agent Name/Agency Name)$______Dollars with interest at ____ percent per month which is calculated from the date below until the principal is paid:
This note is given for the purpose of securing (Bail Agent Name/Agency Name) against a contingent liability regarding the arranging, executing, continuing, or causing to be executed or continued, a bond or undertaking on the behalf of the principal ______(Defendant Name) ______, in the sum of $______Dollars in favor of the State of Idaho, on or about this day of 20______. This promissory note is also given for the purpose of securing (Bail Agent Name/Agency Name) against any and all losses, damages by reason of the execution of any bond or undertaking in continuation of or in substitution for said bond or undertaking.
I acknowledge that I have entered into a CONTRACT FOR BAIL BOND and PROMISSORY NOTE with Seneca Insurance Company and (Bail Agent Name/Agency Name) .
PREMIMUM ON THIS BOND IS NOT RETURNABLE
I (we) do hereby unconditionally agree to pay in full to (Bail Agent Name/Agency Name) for any loss or losses which they may sustain as a result of the execution of the aforesaid bail bond(s) and a failure of the principal to so appear.
ALL RETURNED CHECKS WILL BE SUBJECT TO A $35.00 SERVICE CHARGE
CO-SIGNER(S) PRINCIPAL
Date: Date:
CO-SIGNER(S)
Date:
S:/Public Folder/Forms/Idaho/Contract for Bail Bonds/Idaho Revision 13/Jun 2011