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Bail Bondsman

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1. What are the types of bondsman licenses issued in South Carolina?

There are three types of bondsman licenses issued by the South Carolina Department of Insurance:
Professional Bondsman
Surety Bondsman
Runner Bondsman

2. What are the requirements to become licensed as a bondsman or runner in the state of South Carolina?

An applicant must be 18 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 10 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. (South Carolina Code Section 38-53-90)

3. Are there any educational requirements?

Yes. The total number of pre-licensing educational hours required for a professional bondsman and runner is 20 hours. The total number of pre-licensing educational hours for a surety bondsman is 60 hours, since these bondsmen are licensed as insurance agents. (South Carolina Code Section 38-53-85)

4. Are there any fees required of bondsmen?

Yes. Professional bondsmen and surety bondsmen are required to pay the clerk of court of his or her home county the sum of $150 annually for each licensee. There are no fees for runner bondsmen 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 $100 to the clerk of court. (South Carolina Code Section 38-53-100)

5. How much money must a professional bondsman pledge to his or her home county to write bail bonds?

Each professional bondsman must maintain a minimum of $10,000 in the form of a cash deposit or certificates of deposit. (South Carolina Code Section 38-53-270)

6. If a professional bondsman pledges the minimum deposit of $10,000, how much can he/she write in bail bonds?

A bondsman can write four 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. (South Carolina Code Section 38-53-270)

7. Are surety bondsmen required to pledge collateral?

Yes, surety bondsmen pledge a power of attorney that is issued by the surety insurance company. (South Carolina Code Section 38-53-260)

8. Can I become a surety without obtaining a license from the Department of Insurance?

Yes, you can become a surety on a bond without being issued a license from the Department of Insurance. This is called an "accommodation bondsman" However, you must be 18 years of age, a resident of this state, and 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 service. (South Carolina Code Section 38-53-10(1)

9. What is the fee for a bondsman license?

The fee for a professional bondsman license is $400 and $200 for a runner bondsman license. (South Carolina Code Section 38-53-100(A & B).

10. What fee may a bondsman charge to the public?

The fee that a bondsman can charge to the public may not be less than $25 and may not exceed 15% of the face amount of the bond. (South Carolina Code Section 38-53-170 (E))

11. Can a bondsman accept collateral?

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. (South Carolina Code Section 38-53-170 (E))

12. Is it required that a bondsman furnish a listing of bail bonds written to the clerk of court?

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. (South Carolina Code Section 38-53-230)

13. Can a person be licensed as both a professional bondsman and a surety bondsman?

Yes, however, if you desire to become license as a surety bondsman, you must first obtain a producer license and receive an appointment from a licensed insurance carrier.

14. When does a bondsman or runner license expire?

All licenses expire on June 30 of each year. (South Carolina Code Section 38-53-140)

15. What happens if a bondsman exceeds his bonding limitation?

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 bond in any county in this state until he has made the additional deposit of securities. (South Carolina Code Section 38-53-300)

16. Who has the power to enforce the laws that govern bail bondsmen?

The Department of Insurance, clerk of court, and the State Law Enforcement Division (SLED) have full power and authority to enforce the provisions of Chapter 53. (South Carolina Code Section 38-53-20)

17. Can a runner bondsman work for more than one bail bondsman?

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. (South Carolina Code Section 38-53-120)

18. Are bondsmen subject to be audited by the Department of Insurance?

Yes. All bondsmen are subject to the same examination procedures prescribed by law for domestic insurance companies. The Department of Insurance has free access to all books and records of the bondsman as it relates to his bail bond business. (South Carolina Code Section 38-53-110)

19. What happens if a bondsman stops writing bail bonds?

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 Department of Insurance within 30 days after discontinuance of writing bail bonds. (South Carolina Code Section 38-53-220)

20. What is the total number of continuing educational hours required for a bondsman or runner to renew their license?

In addition to other requirements, each bondsman and runner is required to complete 6 hours of continuing education to renew their license. (South Carolina Section Code 38-53-85)

21. Can runners write bonds?

Yes. Runners are given a power of attorney from professional bondsmen to write bonds on their behalf. (South Carolina Code section38-53-10)

22. Is bounty hunting legal in South Carolina?

No. No one can perform bail bondsman functions without first being licensed.

23. Are there any educational requirements?

Yes. The total number of hours required for a bondsman or runner is 20 pre-licensing hours.(South Carolina Code Section 38-53-85). The total number of continuing education hours for a bondsman or runner is 6 CE hours. (South Carolina Code Section 38-53-85)

24. Are there any educational requirements?

Yes. The total number of pre-licensing educational hours required for a bondsman or runner is 20 pre-licensing hours. (South Carolina Code Section 38-53-85)

25. Are there any pre-educational requirements?

Yes. The total number of pre-licensing educational hours required for a bondsman or runner is 20 hours. (South Carolina Code Section 38-53-85)

26. Are there any fees required for a bondsman or runner?

Yes. a professional and surety bondsman is required to pay the clerk of court of his home county the sum of $150 annually for each licensee. There are no fees for a runner bondsman in his home county. Each bondsman, and runner is required to pay any other county where he is doing business the sum of $100 to the clerk of court. (South Carolina Code Section 38-53-100)

27. Are there any fees required of a bondsman or runner?

Yes. A professional and surety bondsman are required to pay the clerk of court of his home county the sum of $150 annually for each licensee. There are no fees for a runner bondsman in his home county. Each bondsman and runner is required to pay any other county where he or she is doing business the sum of $100 to the clerk of court. (South Carolina Code Section 38-53-100)

28. If a professional bondsman pledge $10,000, how much can he write in bail bonds?

A bondsman must maintain one-fourth the value of each bond written in securities with his home county clerk of court. Example: $10,000 bond executed will require a professional bondsman to have $2,500 in securities held in trust by the clerk of court. (South Carolina Code Section 38-53-270)

29. Are surety bondsmen required to pledge collateral?

No. All bonds written by a surety bondsman must attach a power of attorney in the amount of the bond set by the court. (South Carolina Code Section 38-53-260)

30. Can runners execute a bonds?

Yes. A runners can execute a bond only when a power of attorney has been recorded with the clerk of court issued by a professional bondsman on his behalf. (South Carolina Code section38-53-10)

31. Is bounty hunting legal in South Carolina?

No. No person may act in the capacity of a professional, surety or runner bondsman or perform any of the functions, duties, or powers prescribed for a professional, surety or runner bondsman without first being licensed. (South Carolina Code 38-53-80).