Cosigning a Minnesota Bail Bond
Minnesota Bail Bond Cosigner Responsibilities
Cosigning a bail bond can help a friend or family member get released, but it is a real financial commitment. What you're responsible for depends on the documents you sign.
This guide separates what Minnesota law requires from what a private agreement may add, so you know what to read, what to ask and what to keep before you sign.
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Quick answer
The Short Answer
A cosigner — often called an indemnitor — is someone who signs with the bail bond company to support a bond. The cosigner may agree to pay the premium, follow a payment schedule, pledge collateral, and repay losses if the bond is breached. Minnesota's bail bond law, Chapter 60M (opens an official external site in a new tab), regulates premiums and collateral; the indemnity agreement sets out the rest.
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Guide Contents
Section 01 of 15
What Is a Bail Bond Cosigner?
A bail bond cosigner is a person who signs paperwork with the bail bond company to support the defendant's release on a surety bond. In bail bond documents the cosigner is often called an indemnitor — someone who agrees to indemnify (repay) the surety for losses under the terms of the agreement.
The cosigner does not sign the court's bond as the surety and does not take on the defendant's court obligations. Minnesota law defines a bail bond as a three-party contract between the state, the accused and the surety, in which the surety guarantees the defendant's appearance. Our guide on how bail bonds work in Minnesota explains each party's role, including the bond paperwork a cosigner signs.
Section 02 of 15
Why a Bail Bond May Need a Cosigner
The surety takes a financial risk when it guarantees an appearance. A cosigner gives the bail bond company another responsible person who knows the defendant, can help with payments and can help keep the defendant on track for court.
Whether a cosigner is needed depends on the bond and the surety's underwriting — for example, the bail amount, the charge, the defendant's ties to the community and any past missed court dates. Some bonds don't need a cosigner at all.
Section 03 of 15
Who Can Cosign a Bail Bond in Minnesota?
Minnesota's bail bond statutes regulate premiums, collateral and agent conduct, but they don't set one statewide list of who may cosign. Each surety and agency sets its own criteria. Common questions include:
Age & identity
An adult with valid government photo identification.
Relationship
Often a family member, partner or close friend who knows the defendant well.
Stability
Information about residence, employment or income that supports the commitment.
Contact details
Reliable phone, email and address so the agency can reach you.
Collateral, if required
Property or cash the agency accepts, documented under §60M.03 (opens an official external site in a new tab).
Understanding
Willingness to read the agreement and ask questions before signing.
Section 04 of 15
Financial Responsibilities of a Cosigner
Three different obligations are involved in a surety bond. They are not interchangeable:
| Obligation | Between | What it covers |
|---|---|---|
| Surety appearance bond | The surety and the court | The surety's guarantee that the defendant will appear; the court can forfeit it under Rule 702. |
| Defendant's court obligations | The defendant and the court | Appearing at every court date and following release conditions. |
| Cosigner / indemnity agreement | The cosigner and the surety or agency | The cosigner's promises — such as paying the premium, pledging collateral or repaying losses — as written. |
A cosigner's financial exposure comes from the agreement and any promissory note or collateral receipt they sign — not from the bond amount alone. Our bail bond costs guide explains the money side in more depth.
Section 05 of 15
Understanding Indemnity Agreements
An indemnity agreement is the private contract in which the cosigner promises to repay the surety or agency for certain losses or costs connected with the bond. Its wording controls what the cosigner may owe.
Minnesota law recognizes these agreements. §60M.03 (opens an official external site in a new tab) lets the surety keep amounts from collateral when the depositor is liable under an indemnity or other agreement, and requires written notice before noncash collateral is liquidated after a breach. The statute also says an indemnity agreement is not itself collateral.
Read for: what counts as a breach, which costs are covered, how losses are calculated, whether multiple cosigners share responsibility, and when the agreement ends.
Section 07 of 15
What Is Collateral and How Does It Work?
Collateral is cash or property pledged to secure the bond. Not every bond requires it. When it is accepted, §60M.03 (opens an official external site in a new tab) requires:
- A written, numbered receipt signed by the agent and the depositor, describing the collateral.
- No cash collateral greater than the bond amount, and no quitclaim deed on real property.
- Cash collateral deposited into a collateral account within set deadlines.
- Return within 21 days after the depositor provides written proof the bond was discharged, less any amounts lawfully owed.
Our collateral section of the costs guide explains common types of collateral.
Section 08 of 15
What Happens If the Defendant Misses Court?
If the defendant misses court, the judge may issue a warrant and may order the bond forfeited. Under Rule 702 (opens an official external site in a new tab), the surety is then directed to pay within 90 days of the forfeiture order, and reinstatement petitions must be filed within 180 days. Our missed court guide explains each step, and our failure to appear bail bonds page covers bonds after a missed date.
If the surety suffers a loss, a cosigner who signed an indemnity agreement may be asked to repay it under that agreement, and collateral may be applied after the required notice. Whether that happens depends on the agreement and what the court does.
Tell the agent immediately if you learn of a missed date, and encourage the defendant to contact their attorney.
Section 09 of 15
Can a Cosigner Be Responsible for Additional Costs?
Possibly, if the documents say so. Costs a cosigner may be asked to cover include:
Unpaid premium
Any balance on a signed promissory note, plus collection costs the note allows after a default (§60M.02 (opens an official external site in a new tab)).
Disclosed fees
Travel or related fees, which require advance written disclosure under §60K.46 (opens an official external site in a new tab).
Losses after a breach
Losses or expenses the surety suffers after a breach, if the indemnity agreement covers them.
Amounts kept from collateral
What §60M.03 allows the surety to retain from collateral for debts the depositor owes.
Ask for the total
Ask the agent to put the total premium, every fee and how losses are calculated in writing before you sign.
Section 10 of 15
Can You Remove Yourself From a Bail Bond?
There is no guaranteed way for a cosigner to withdraw once a bond is posted. Signing a request does not by itself end your obligations; the agreement and the surety's decisions control.
If you believe the defendant won't appear, tell the agent. Under §629.63 (opens an official external site in a new tab), a surety that believes a defendant is about to flee or won't appear may surrender the defendant to the court, and §60M.07, subd. 7 (opens an official external site in a new tab) requires courts, jails and sheriffs to follow that process. Surrender is the surety's decision, and what happens to your obligations afterward depends on the agreement and the court.
Section 11 of 15
What Happens When the Criminal Case Ends?
When the defendant has made the required appearances and the case is resolved — or the court otherwise releases the bond — the bond is discharged (sometimes called exonerated). That ends the surety's obligation to the court.
To get collateral back, give the surety or agency written proof of the discharge. §60M.03 (opens an official external site in a new tab) then requires return of the collateral, and release of any liens, within 21 days, less any premium or other amounts the depositor still owes. Court records can help confirm the case status — see our MCRO guide.
The premium is generally not refundable once the bond is posted, and any unpaid balance on a promissory note may still be owed after the case ends.
Section 12 of 15
Before You Cosign a Minnesota Bail Bond
Ask these questions and get the answers in writing before you sign anything:
- 01
Total premium
What is the total premium, and how was it calculated from the surety's filed rate?
- 02
Payment deadlines
How much is due before posting, and when is each later payment due?
- 03
Who signs the note
Who is responsible for any promissory note, and what happens after a missed payment?
- 04
Collateral
Is collateral required? How is it documented, held and returned?
- 05
Defendant's obligations
Which court dates and release conditions must the defendant follow?
- 06
Indemnity exposure
What losses or costs could I be asked to repay, and how are they calculated?
- 07
Default provisions
What counts as a default or breach under the agreement?
- 08
When it ends
When do my contractual responsibilities end, and what proof will I need?
- 09
Agent approval
Is the agent on the court's approved list? The Bail Bond Program (opens an official external site in a new tab) explains the list.
If release conditions apply, our guide to conditional bail explains them, and our jail release timeline guide explains how long release may take after the bond is posted. Every GPS guide is in the Resource Center.
Questions Before You Cosign?
Call GPS Bail Bonds 24/7, or send a request below. We'll walk through the paperwork with you before anything is signed.
Section 13 · FAQs
Minnesota Cosigner FAQs
Answers that separate Minnesota's general rules from the terms of your own agreement.
No. Minnesota law doesn't require one for every bond. The surety and agency decide based on the bond and the circumstances.
Section 14 · Official sources
Official Minnesota Bail Bond Resources
Minnesota statutes and court rules referenced in this guide. GPS Bail Bonds is an independent bail bond company and is not affiliated with the Minnesota Judicial Branch or any government agency.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Statutes Chapter 60M — Bail Bonds (opens an official external site in a new tab)Minnesota's bail bond law: definitions, premiums, collateral, audits, solicitation and other provisions, including §60M.07 on surrender and forfeiture timing.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Statutes §60M.02 — Bail Bond Premiums (opens an official external site in a new tab)Filed rates, the $100 minimum premium, amounts due before posting, promissory notes, rebates and payment methods.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Statutes §60M.03 — Collateral (opens an official external site in a new tab)Collateral receipts, limits on what can be taken, and the 21-day return rule after a bond is discharged.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Statutes §60M.07 — Other Provisions (opens an official external site in a new tab)Subd. 7 covers surrender of a principal under §629.63; subd. 8 sets a 30-day timing requirement for court forfeiture orders and a seven-day notice requirement.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Statutes §60K.46 — Fees for Services (opens an official external site in a new tab)Written disclosure required before any fee is charged in addition to a premium.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota General Rules of Practice, Rule 702 (Bail) (opens an official external site in a new tab)Approval of bail bond agents and sureties, posting bonds, forfeiture and reinstatement deadlines.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Statutes §629.63 — Surety Arrest of Defendant (opens an official external site in a new tab)When and how a surety may surrender a defendant to the judge, and what happens if increased bail can't be posted.
- Official government source · Minnesota Judicial BranchMinnesota Judicial Branch — Bail Bond Program (opens an official external site in a new tab)Explains appearance-only bail bonds, Form 702 and the court's list of approved bail bond agents.
This guide is general information, not legal advice. Laws and court procedures can change; check the official source or ask a Minnesota attorney about a specific case. GPS Bail Bonds is an independent bail bond company and is not a government agency.
