Philip L. Firetag - Page 3




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          petitioner’s clients), would pay petitioner a fee (usually equal             
          to 10 percent of the amount of the bond, sometimes less), and in             
          exchange petitioner would assume liability under the bond,                   
          guaranteeing the defendant’s appearance at court proceedings.                
          Under the standard bonding agreement used by petitioner, the fee             
          was due from a client when the agreement was signed.  In                     
          addition, the bonding agreement provided that the fee was earned             
          upon execution of the agreement.  If petitioner was unable to                
          perform on his guaranty, i.e., if the defendant failed to make               
          the court appearance, petitioner was liable to the court for the             
          full amount of the bond.2                                                    
               As a professional bail bondsman, petitioner was required to             
          comply with chapter 53 of title 38 of the Code of Laws of South              
          Carolina.  Pursuant to these provisions, petitioner was required             
          to maintain, with the clerk of court of the relevant South                   
          Carolina jurisdiction, passbook savings accounts or certificates             
          of deposit in an amount equal to 25 percent of all outstanding               
          bonds on which he was liable in that jurisdiction.3  The amount              
          required to be maintained was recomputed as of the first day of              



               2 Petitioner’s practice generally was to obtain a co-                   
          guarantor on the bond, such as a family member or friend of the              
          defendant.                                                                   
               3 In addition, no single bond written by petitioner could be            
          in an amount greater than 50 percent of the amount maintained                
          with the clerk of court.  See S.C. Code Ann. sec. 38-53-330 (Law.            
          Co-op. 1989).                                                                





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