Why an unpaid premium is not a crime
The premium is the fee a licensed agent charges to post a bond, and many families pay it over time on a payment plan.
Any balance left on that plan is a contract debt, so not paying bail bonds in California is a civil matter between you and the agency.
Article I, section 10 of the California Constitution says: “A person may not be imprisoned in a civil action for debt or tort.”
Under Civil Code 1788.10, a debt collector may not threaten arrest over a debt the law covers unless that step is planned and lawful, and jailing someone as punishment for a civil debt is not.
Agents face criminal rules of their own: an agent who breaks California’s bail licensing laws commits a public offense under Insurance Code 1814.
Missing a payment vs. missing court
A late installment is a money dispute under your contract with the agency.
Missing court is different, because a judge can issue a bench warrant and forfeit the bail, as our guide to life after posting bail explains.
That missed hearing can also leave a cosigner, the relative or friend who signed the indemnity agreement, owing the full bail once a forfeiture becomes final.
Yet an agent cannot surrender a cosigner who falls behind on premium, since only the defendant is out on bail; our cosigner guide sets out the civil remedies an agency can use.
If a payment will run late, tell the agent early, and never let a money worry keep your relative away from court.
When an agent surrenders the defendant
The closest link between not paying bail bonds in California and a jail cell is surrender.
Under Penal Code 1300, the bail company can hand the defendant back into custody any time before a forfeiture.
It must make a reasonable effort to notify the defendant’s last attorney.
Within 48 hours, the person goes before the court handling the case, and the judge must explain its power to order the premium returned.
An agent who surrenders someone before the appearance date written in the bond must also tell that person about the right to ask the court for that refund.
Two refund rules apply: for a surrender before a court date, 10 CCR 2090 generally requires the agent to return the premium, and PC 1300(b) lets a judge order the premium repaid if the surrender had no good cause.
Our answer on whether any bail money comes back covers both.
Surrender does not rule out release: a judge can still free the person on own recognizance or another bond.
What a collection lawsuit can and can’t do
For not paying bail bonds in California, the agency’s remedy in court is a civil lawsuit.
Small claims court generally hears claims up to $6,250, or $12,500 when an individual sues (Code of Civil Procedure 116.220 and 116.221), and larger balances up to $35,000 proceed as limited civil cases.
Lawyers stay out of the small claims hearing, though either side can get legal advice first (CCP 116.530).
After a judgment, wage garnishment has a ceiling: CCP 706.050 caps it at the lesser of 20% of weekly disposable earnings or 40% of the amount above 48 times the minimum hourly wage.
A judgment creditor can also have the court order you to answer questions about your assets.
Ignore a properly served order, and the court can issue an arrest warrant for contempt (CCP 708.170), a penalty for defying the court, not for the debt.
If an agent’s collection tactics seem unlawful, you can file a complaint through the Department of Insurance’s Getting Help page.
For advice on your own dispute, talk to an attorney.