2.3 Agent Duties & the Bond Process

Where the Agent's Authority Comes From

A bail agent cannot simply write a bond on a whim - the authority is documented. Mississippi recognizes two ways an agent is empowered:

• Limited surety agent: appointed by an insurer through a power of attorney. Under Miss. Code 83-39-1, this is an individual "appointed by an insurer by power of attorney to execute or countersign bail bonds." The power of attorney is the insurer's written grant of authority - it tells the court the agent may pledge the insurer's money up to a stated limit.
• Personal surety agent: instead of relying on an insurer, this agent posts a qualification bond with the Commissioner of Insurance and writes bonds on his own financial standing.

Posting the Bond

Posting a bond means the agent executes the appearance bond - signing and delivering it to the court or jail - so the defendant is released pending trial. Before doing so, the agent:

1. Verifies the defendant's information and the bail amount set by the court.
2. Collects the non-refundable premium (10% or $100, whichever is greater; 15% for a capital offense or out-of-state defendant).
3. Has the defendant and any indemnitor sign the indemnity agreement, taking collateral if warranted.
4. Executes and files the bond, backed by the power of attorney or qualification bond.

Defendant and Agent Obligations Through Disposition

Once the bond is posted, the defendant's obligation is to appear at every scheduled proceeding and comply with any release conditions. The agent's obligation is to monitor the defendant and ensure that appearance all the way through case disposition - the agent's financial exposure is the enforcement mechanism.

Notice and Surrender of the Defendant

If the defendant becomes a flight risk, the agent does not have to wait for a forfeiture. Under Miss. Code 99-5-27, the agent may surrender the defendant:

• By physically delivering the defendant to the sheriff, chief of police, or jailer, or by surrendering him in open court.
• A verbal or written surrender notice completes the act and relieves the agent of liability on the bond.
• If the surrender occurs after a forfeiture, the court sets aside the judgment nisi or final judgment once the surrender notice is filed.

Bail Agent vs. Bail Enforcement Agent

Do not confuse the two licenses. The bail agent is the agent of the surety who writes the bond and collects premium. The bail enforcement agent (Mississippi's term for a recovery agent or "bounty hunter") is a separately licensed professional who locates and apprehends defendants who have skipped. Before pursuing a fugitive in a Mississippi county, a bail enforcement agent must first report to that county's sheriff's department.