31A-35-608 - Premiums and authorized charges. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-35 > 31a-35-608

31A-35-608. Premiums and authorized charges.
(1) A bail bond surety or bail bond producer may not, in any bail transaction or inconnection with that transaction, directly or indirectly, charge or collect money or other valuableconsideration from any person except to:
(a) pay the premium on the bail at the rates established by the bail bond surety;
(b) provide collateral;
(c) reimburse himself for actual expenses, as described in Subsection (2), incurred inconnection with the bail bond transaction; or
(d) to reimburse himself, or to establish a right of action against the principal or anyindemnitor, for actual expenses the bail bond surety or bail bond producer incurred:
(i) in good faith; and
(ii) which were by reason of breach by the defendant of any of the terms of the writtenagreement under which the undertaking of bail or bail bond was written.
(2) (a) A bail bond surety may bring an action in a court of law to enforce its equitablerights against the principal and the principal's indemnitors in exoneration if:
(i) a bail bond producer did not establish a written agreement; or
(ii) there is only an incomplete writing.
(b) Reimbursement claimed under this Subsection (2) may not exceed the sum of:
(i) the principal sum of the bail bond or undertaking; and
(ii) any reasonable expenses that:
(A) are verified by receipt;
(B) in total do not amount to more than the principal sum of the bail bond orundertaking; and
(C) are incurred in good faith by the bail bond surety, its producers, and employees byreason of the principal's breach.
(3) This section does not affect or impede the right of a bail bond producer to executeundertaking of bail on behalf of a nonresident producer of the bail bond surety the bail bondproducer represents.

Amended by Chapter 298, 2003 General Session

State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-35 > 31a-35-608

31A-35-608. Premiums and authorized charges.
(1) A bail bond surety or bail bond producer may not, in any bail transaction or inconnection with that transaction, directly or indirectly, charge or collect money or other valuableconsideration from any person except to:
(a) pay the premium on the bail at the rates established by the bail bond surety;
(b) provide collateral;
(c) reimburse himself for actual expenses, as described in Subsection (2), incurred inconnection with the bail bond transaction; or
(d) to reimburse himself, or to establish a right of action against the principal or anyindemnitor, for actual expenses the bail bond surety or bail bond producer incurred:
(i) in good faith; and
(ii) which were by reason of breach by the defendant of any of the terms of the writtenagreement under which the undertaking of bail or bail bond was written.
(2) (a) A bail bond surety may bring an action in a court of law to enforce its equitablerights against the principal and the principal's indemnitors in exoneration if:
(i) a bail bond producer did not establish a written agreement; or
(ii) there is only an incomplete writing.
(b) Reimbursement claimed under this Subsection (2) may not exceed the sum of:
(i) the principal sum of the bail bond or undertaking; and
(ii) any reasonable expenses that:
(A) are verified by receipt;
(B) in total do not amount to more than the principal sum of the bail bond orundertaking; and
(C) are incurred in good faith by the bail bond surety, its producers, and employees byreason of the principal's breach.
(3) This section does not affect or impede the right of a bail bond producer to executeundertaking of bail on behalf of a nonresident producer of the bail bond surety the bail bondproducer represents.

Amended by Chapter 298, 2003 General Session

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-35 > 31a-35-608

31A-35-608. Premiums and authorized charges.
(1) A bail bond surety or bail bond producer may not, in any bail transaction or inconnection with that transaction, directly or indirectly, charge or collect money or other valuableconsideration from any person except to:
(a) pay the premium on the bail at the rates established by the bail bond surety;
(b) provide collateral;
(c) reimburse himself for actual expenses, as described in Subsection (2), incurred inconnection with the bail bond transaction; or
(d) to reimburse himself, or to establish a right of action against the principal or anyindemnitor, for actual expenses the bail bond surety or bail bond producer incurred:
(i) in good faith; and
(ii) which were by reason of breach by the defendant of any of the terms of the writtenagreement under which the undertaking of bail or bail bond was written.
(2) (a) A bail bond surety may bring an action in a court of law to enforce its equitablerights against the principal and the principal's indemnitors in exoneration if:
(i) a bail bond producer did not establish a written agreement; or
(ii) there is only an incomplete writing.
(b) Reimbursement claimed under this Subsection (2) may not exceed the sum of:
(i) the principal sum of the bail bond or undertaking; and
(ii) any reasonable expenses that:
(A) are verified by receipt;
(B) in total do not amount to more than the principal sum of the bail bond orundertaking; and
(C) are incurred in good faith by the bail bond surety, its producers, and employees byreason of the principal's breach.
(3) This section does not affect or impede the right of a bail bond producer to executeundertaking of bail on behalf of a nonresident producer of the bail bond surety the bail bondproducer represents.

Amended by Chapter 298, 2003 General Session