BailBond Frequently Asked Questions
Question: What are the types of bail bondsmen licensed in South Carolina? Answer: There are 3 types of bail bondsmen licensed in South Carolina.
Professional Bondsman: means any person who is approved and licensed under the provisions of Chapter 53 and who has pledged cash or approved securities with the clerk of court as security for bail bonds written in connection with a judicial proceeding and receives or is promised money or other things of value for the pledge. {SC Code Section 38-53-9} Surety Bondsman: means any person who is approved and licensed by the Department of Insurance as a surety insurance agent, appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings, and receives or is promised money or other things of value for the execution or countersignature. {SC Code Section 38-53-10(12)} Runner Bondsman: means a person employed by a bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, assisting in the apprehension and surrender of the defendant to the court, and keeping the defendant under necessary surveillance. {SC Code Section 38-53-10(10)}
Question: What are the requirements to become licensed as a bail bondsman in South Carolina? Answer: An applicant must be eighteen years old or older, a resident of South Carolina, and a person of good moral character who has not been convicted of a felony or crime involving moral turpitude within the last ten years, has knowledge, training, or experience of sufficient duration and extent to satisfy reasonably the Director of Insurance that he or she possesses the competence necessary to fulfill the responsibilities of a licensee. {SC Code Section 38-53-90} Question: Are there any educational requirements? Answer: The total number of pre-licensing educational hours required for a professional bondsman and runner is twenty (20) hours. The total number of pre-licensing educational hours for a surety bondsman is sixty (60) hours, since those bondsmen are licensed as insurance agents. {SC Code Section 38-53-85} Question: Are there any fees required of bondsmen? Answer: Yes, Professional Bondsman and Surety Bondsman are required to pay the clerk of court of his or her home county the sum of one hundred fifty dollars ($150) annually for each licensee. There are no fees for runner bondsman in their home county. Each professional bondsman, surety bondsman, and runner is required to pay any other county where he or she is doing business the sum of one hundred dollars ($100) to the clerk of court. {SC Code Section 38-53-100} Question: How much money must a professional bondsman pledge to his or her home county to write bail bonds? Answer: Each professional bondsman must maintain a minimum of ten thousand dollars ($10,000) in the form of a cash deposit or certificates of deposit. {SC Code Section 38-53-270} Question: If a professional bondsman pledges the minimum deposit of ten thousand dollars, how much can he/she write in bail bonds? Answer: A bondsman can write four (4x) times the amount of collateral pledged to his/her home county clerk of court. Example: $10,000 pledged as collateral will allow the bondsman to write up to $40,000 in bail bonds. {SC Code Section 38-53-270} Question: Are surety bondsmen required to pledge collateral? Answer: Yes, surety bondsmen pledge a power of attorney that is issued by the surety insurance company. {SC Code Section 38-53-260} Question: Can I become a bondsman without obtaining a license from the Department of Insurance? Answer: Yes, you can become surety on a bond and act as “an accommodation bondsman” without being licensed by the Dept. of Insurance. However, you must be eighteen years of age, a resident of this State, provide satisfactory evidence of ownership, value, and marketability of real property by pledging your collateral with the clerk of court. You cannot receive or promise money or other things of value for this pledge. {SC Code Section 38-53-10(1)} Question: What is the fee for a bondsman license? Answer: The fee for a professional bondsman license is $400, for a surety bondsman license $40, and for a runner bondsman license $200. {SC Code Section 38-53-100 (A)(B)} Question: What fee may a bondsman charge to the public? Answer: The fee that a bondsman can charge to the public may not be less than twenty-five dollars ($25) and may not exceed fifteen percent of the face amount of the bond. {SC Code Section 38-53-170 (E)} Question: Can a bondsman accept collateral? Answer: Yes, a bondsman is permitted to accept collateral security or other indemnity from the principal, which must be returned to the principal once the case has been disposed of by the court. A written receipt (full description) for the collateral taken must be given. {SC Code Section 38-53-170 (E)} Question: Is it required that a bondsman furnish a listing of bail bonds written to the clerk of court? Answer: Yes, each professional bondsman is required to furnish his/her home county clerk of court and any other county where he/she is doing business a written report of all bonds he/she is liable for as of the first day of each month. This report must be submitted to the county clerk of court by the 15th day of each month. {SC Code Section 38-53-230} Question: Can a person be licensed as both a professional bondsman and a surety bondsman? Answer: Yes. Question: When does a bondsman/runners license expire? Answer: All licenses expire on June 30th of each year. {SC Code Section 38-53-140} Question: What happens if a bondsman exceeds his bonding limitation? Answer: A bondsman who exceeds his limitation may not sign, endorse, execute, or become a surety on any additional bail bonds or pledge or deposit any cash, check, or other security of any nature in lieu of a bail bonds in any county in this State until he has made the additional deposit of securities. {SC Code Section 38-53-300} Question: Who has the power to enforce the laws that govern bail bondsmen? Answer: The Dept. of Insurance, Clerk of Court, and the S.C. Law Enforcement Division (SLED) have full power and authority to enforce the provisions of Chapter 53. {SC Code Section 38-53-20} Question: Can a runner bondsman work for more than one bail bondsman? Answer: No, a runner bondsman can only work for one bail bondsman at a time who shall supervise the work of the runner and is responsible for the runner’s conduct in the bail bond business. {SC Code Section 38-53-120} Question: Are bondsmen subject to be audited by the Dept. of Insurance? Answer: Yes, all bondsmen are subject to the same examination procedures prescribed by law for domestic insurance companies. The Dept. of Insurance has free access to all books and records of the bondsman as it relates to his bail bond business. {SC Code Section 38-53-110} Question: What happens if a bondsman stops writing bail bonds? Answer: A bondsman who discontinues writing bail bonds during the period he/she is licensed should notify the clerk of court(s) with whom he/she is registered and return his/her license to the Dept. of Insurance within thirty (30) days after discontinuance of writing bailbonds. {SC Code Section 38-53-220} Question: What is the total number of educational hours required for a professional bondsman, surety bondsman, and runner to retain their license? Answer: There is six hours needed every year for a professional bondsman, surety bondsman, and a runner to retain their license. {SC Section Code 38-53-85} Question: Can runners write bonds? Answer: Yes, runners are given a power-of-attorney from professional bondsman to write bonds on their behalf. {SC Code section38-53-10} Question: Is bounty hunting legal in South Carolina? Answer: No, No one can perform bail bondsmen functions without first being licensed.
