When someone you love gets arrested, stepping in to co-sign their bail bond might feel like the right thing to do, and it often is. The bad news is that no matter how close the person is to you, there is always the chance they won’t show up in court. If this happens, you’re on the hook for bail.
But what if you can’t afford the financial burden and consider bankruptcy? Can you even do this?
At 1st Call Bail Bonds, we’ve worked with hundreds of families across Dallas facing these exact questions. It’s a tough situation that no one wants to go through. But our bondsmen are here to walk you through what really happens when a defendant skips bail and the co-signer tries to file for bankruptcy. It’s not as simple as wiping your hands clean, and it highlights why you need to understand what you’re taking on before signing anything.
What Does It Mean to Be a Co-Signer?
When you co-sign a bail bond, you’re not just helping someone get out of jail—you’re making a legal and financial promise to:
- Ensure the defendant appears at all scheduled court dates
- Cover the full amount of the bail if they flee or violate bail conditions
- Possibly pledge collateral (like a car title or home equity) to back the bond
If the defendant fails to appear in court, the bail bond is forfeited, and you become responsible for the full amount. This can mean tens of thousands of dollars, plus legal fees and interest.
What Happens If the Defendant Skips Court?
If your loved one fails to appear in court, the court will issue a bench warrant for their arrest. On top of going back to jail, the bail is forfeited, and the full amount is due. A bail bond agency will attempt to return the defendant and begin collection efforts from the co-signer.
That’s where things get serious—especially if you can’t afford to pay.
Can You File Bankruptcy to Get Out of Paying the Bail Debt?
The short answer is maybe, but there will be complications.
Filing for bankruptcy might reduce or eliminate certain debts, but bail bond debts don’t always qualify for discharge. Here’s what you need to know:
Chapter 7 Bankruptcy (Liquidation)
In some cases, the bail debt is treated like any other unsecured debt (such as credit cards). However, if you pledged collateral, the bail bond company can still seize that property, regardless of the bankruptcy.
If the bond was signed within 90 days before filing, it may be flagged as fraudulent—especially if it appears you never intended to repay it.
Chapter 13 Bankruptcy (Repayment Plan)
If you file Chapter 13, you’ll enter into a payment plan with your bondsman over three to five years. A “co-debtor stay” may temporarily stop collection efforts, but this is usually only a delay.
Regardless, you are still liable for the full amount after the plan ends or if payments aren’t made.
Fraud Allegations or Misrepresentation
If the bail bond company can prove you lied about your ability to pay, or you co-signed with no intention of fulfilling the obligation, this is a big problem for you as a co-signer.
Our bail bond company can challenge the bankruptcy discharge and even sue you in civil court.
Legal Action and Civil Lawsuits
If you attempt to file bankruptcy as a way to avoid the bail debt—and especially if the defendant fled intentionally—the bail bond agency has the legal right to:
- File a civil lawsuit against you
- Garnish wages (if the court permits)
- Place liens on your property
- Pursue collection through asset seizure
We don’t take this route lightly, but we do have to protect our business and ensure accountability. That’s why we always urge potential co-signers to fully understand the risk before signing.
How to Protect Yourself as a Co-Signer
If you’re considering co-signing a bond, take these steps first:
- Ask about the defendant’s history: Have they ever missed court? Are they stable in the community?
- Only pledge assets you can afford to lose
- Get everything in writing and understand what you’re agreeing to
- Set clear expectations with the defendant that they must appear in court
- Stay in contact with the defendant, reminding them of court dates and obligations
Also, ask your bail bondsman (like us) how you can remove yourself as a co-signer if you become concerned about the defendant fleeing. This is possible in some cases—but only before they fail to appear.
Questions About Bail Bonds? 1st Call Bail Bonds Can Help
At 1st Call Bail Bonds in Dallas, we understand that these decisions can weigh heavily on you—especially when they involve someone you love. Our job isn’t just to post bonds; it’s to walk you through this process with honesty and care.
If you’re worried about the financial risk of co-signing, your loved one skipping court, or your legal obligations if the bond goes bad, we’re here to help!
Being a co-signer is a serious responsibility, not just a favor. Make sure you’re fully informed, and if things go wrong, don’t panic. We’re here to talk through your options and support you every step of the way.
Contact us today to learn more about our 24/7 bail bond services.
