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Army Veteran Owned | Expert Surety Bonds Since 2004
Have a question? +1 815-826-6324 (815-8-BondAI) phil@AmericasSuretyBonds.com
Army Veteran Owned | Expert Surety Bonds Since 2004
A professional bail company cannot write a single appearance bond in an Alabama county until the presiding circuit judge has approved its qualifying security, and for most companies that security is this corporate surety bond filed with the circuit clerk. The bond replaces a cash escrow or a bank letter of credit, so the money stays in the business, and a new bond can be issued quickly once the surety reviews the owners.
Alabama requires a professional bail company to file a $25,000 corporate surety bond, escrow agreement or letter of credit with the circuit clerk, approved by the presiding circuit judge, before it can be authorized to write bail in that county under Code of Alabama 15-13-160. Any new bond or escrow made on or after September 1, 2023 in a county with a population of 200,000 or more must be $50,000. The security guarantees payment of judgments absolute on bond forfeitures entered by any court in the county, and the authorization is reissued every January 1.
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Code of Alabama 15-13-160 sets the qualifying security for a professional bail company at $25,000, but it added a second tier in 2023. Any new original corporate surety bond or escrow agreement made on or after September 1, 2023 in a county with a population of 200,000 or more must be $50,000. A bond or escrow that was already in place before that date stays at $25,000 for every renewal afterward. So a company qualifying for the first time in a large county needs the $50,000 figure, while the same company in a smaller county, or one renewing an older bond, uses $25,000. The listing on this page is the $25,000 version.
The security is filed with the circuit clerk and approved by the presiding circuit judge of the county where the company wants to write bail. It is a county level qualification, not a statewide one. A company writing in several counties qualifies in each.
The statute accepts three forms: a corporate surety bond executed by a surety company authorized to do business in Alabama, an escrow agreement, or a letter of credit. The surety bond is the usual choice because escrow and letters of credit tie up cash.
The instrument guarantees payment of all sums that become due under any judgment absolute rendered against the professional bail company on a forfeiture entered by any court in the county. If a defendant fails to appear and the court enters a final forfeiture judgment that the company does not pay, the court collects from the bond. The surety then recovers from the company and its owners.
Along with the security, 15-13-160 requires a qualifying power of attorney naming the licensed agents who may execute bonds for the company, and a sworn affidavit. The affidavit covers, among other things, that the company has sufficient financial net worth to satisfy its obligations as surety, that no one with a direct or indirect financial interest has been convicted of a felony or a crime involving moral turpitude unless pardoned or civil rights restored, and that no final forfeitures are unpaid. The company must also hold a current Alabama Professional Bail Bonding Board license, and an owner must have held a professional bondsman license for at least three years before owning a bail company. If an owner dies or becomes incapacitated, an unlicensed buyer has 90 days to get licensed.
The presiding judge's authorization order is reissued annually before January 1, and the renewal submissions are due no later than December 1 each year. The Alabama Professional Bail Bonding Board license itself runs from issuance until October 31, with a company application fee of up to $500 and a renewal fee of up to $100 under the board's law. The board license does not replace the county security, and the county security does not replace the board license.
A professional surety company, meaning an insurer qualified by the Alabama Department of Insurance to write bail, qualifies under Code of Alabama 15-13-159 with a certificate of authority from the department rather than this bond. The bond on this page is for the professional bail company, the local business that posts bail directly on its own obligation.
It depends on the county and the date. Code of Alabama 15-13-160 sets $25,000, but any new original bond or escrow made on or after September 1, 2023 in a county with a population of 200,000 or more must be $50,000. A bond that was in place before that date renews at $25,000. This page is the $25,000 bond.
No. The security is filed with the circuit clerk and approved by the presiding circuit judge in each county where you write bail, and it covers forfeitures entered by courts in that county. A company operating in three counties qualifies three times.
Yes. The statute allows an escrow agreement or a letter of credit in place of the corporate surety bond. Most companies choose the bond so the money stays in the business.
No. The board license and the county security are separate requirements. Section 15-13-160 requires a copy of the current board license as part of the qualification packet, and the board's law separately sets its own fees and an October 31 license expiration.
The presiding judge's authorization is reissued annually before January 1, and your submissions for the new year are due no later than December 1.
The surety looks at the owners' credit, the company's financial net worth and its forfeiture history. Bail company bonds carry more exposure than a typical license bond, so expect the surety to ask for financial statements.
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