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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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Last modified: May 25, 2011