Business practices - price limits - collateral

Colo. Rev. Stat. § 10-23-109, under Cash-bonding Agents.

Colo. Rev. Stat. § 10-23-109

(1) A professional cash-bail agent or cash-bonding agent shall not charge a premium or commission of more than the greater of fifty dollars or fifteen percent of the amount of bail furnished. A professional cash-bail agent or cash-bonding agent shall not assess fees for any bail bond posted by the agent with the court unless the fee is for payment of a bail bond filing charged by a court or law enforcement agency, the fee is for the actual cost of storing collateral in a secure, self-service public storage facility, or the fee is for premium financing.

(2) If a professional cash-bail agent or cash-bonding agent has issued a disclosure statement in accordance with section 10-23-108 (2)(b), the agent may use collateral received from the defendant or indemnitor to secure the following obligations:

(a) Compliance with the bond issued on behalf of the principal;

(b) Any balance due on the premium, commission, or fee for the bail bond; and

(c) Any actual costs incurred by the professional cash-bail agent or cash-bonding agent as a result of issuing the bail bond.

Source: L. 2012: Entire article added with relocations, (HB 12-1266), ch. 280, p. 1525, § 41, effective July 1.

ANNOTATION

No standing to bring action enjoining release of criminal defendants. Bail bondsmen have no legal interest in bail procedures formulated by a county court decision so as to confer standing on them to bring an action for an injunctive order prohibiting the county court from releasing criminal defendants pursuant to such pretrial release program. Wimberly v. Ettenberg, 194 Colo. 163, 570 P.2d 535 (1977) (decided under former law).