Alabama Attorney General Opinion 1979-0179

4 OFFICE OF THE ATTORNEY GENERAL '79-M7? 400 AelsotemilltsalvS suompeoes NI ISOM W*S STOSSISF AWMI10.4 ARAM (ENO. Sent* LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS. JR . EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NosLes ADMINISTRATIVE ASSISTANT CHARLES A. GRADINCPS.44, Ad ATTORNEY GENERAL STATE OF ALABAMA MAY 3 1979 Honorable Mary C. Burgreen Judge of Probate Limestone County Courthouse Athens, Alabama 35611 Bail Bondsman Bail bondsman must meet reqUirelr ments of Code of Alabama 1975, Section I5-13-22 Dear Judge Burgreen: Reference is made to your request for an opinion as to the qualifications in the State for bail bondsman, You posed the following question; "To date we have one $25,000.00 cash certificate being held (CD), and one corporation R. & M. Bonding Co, incor- porated with a total stock of $5,000.00 divided into 5000 shares. These Papers filed with this office and Secretary of State in January 1979. One company doing business in Decatur, Huntsville, and Athens as Nelson Bonding Co., We hold a copy of a $10,000.00 bond that was secured in Morgan County. "Would appreciate an answer to what is required of a bail bondsman as soon as possible." • Honorable Mary C. Burgreen Judge of Probate Page Two Code of Alabama 1975, Section 15-13-22 sets forth the qualifications of bail bondsman. "Every person engaged in the business of making bail bonds and charging therefor, except corpora- tions qualified to do a bonding business in this state, shall be required, in addition to all other requirements of this section, to furnish a bond with corporate surety in the amount of $25,000.00 ($10,000.00 in Cullman county), to be approved by the probate judge of each county in which such person engages in such business, conditioned to guarantee the payment of all sums of money that may become due the state or any political subdivision thereof by virtue of any judgment absolute being rendered against such person on a forfeiture of bail." Thus, each person or business engaged in the business of making bail bonds must furnish a $25,000.00 bond for approval by the:probate judge and filed in that office in each county where they do business. It is the opinion of this office that the bonding company mentioned in your letter which deposited a $25,000.00 cash certificate with your office meets these requirements in that the cash certificate is as sufficient as a bond with a corporate surety. However, the $10,000 bond from the other bonding company whidh has been filed in your office is not sufficient. The bond must be of the amount required by law. Furthermore, the corpora- tion giving the surety bond for the bail bonding business must be incorporated under the insurance laws of this State and ap- proved by the Commissioner of Insurance. Honorable Mary C. Burgreen Judge of Probate Page Three If our office can be of further assistance, please do not hesitate to call on us. Sincerely, CHARLES A. GRADDICK Attorney General B - LY 'A F. KN IGHT Assistant Attorney General LFK;mj