Rights & Obligations

What Happens If You Don't Pay Back a Bail Bond?

Published March 11, 2019 Updated August 18, 2026By Armstrong Bail Bonds

Falling behind on a bail bond payment plan is a contract problem, not a criminal one. You will not be arrested for it. What can happen is collection activity, liquidation of pledged collateral, a civil lawsuit on the indemnity agreement, a judgment with interest and attorney fees, and — in some cases — the surety surrendering the defendant back into custody under Penal Code §1300.

The debt you actually signed for

Two separate obligations live in the paperwork. The premium is the agent's fee, financed on your payment plan. The indemnity is your promise to make the surety whole for the full bail amount and recovery costs if the defendant fails to appear.

Missing installments triggers the first. It does not, by itself, make the whole bail amount due — that only happens on forfeiture.

What the agency can do

  1. Call and demand cure of the default, usually with a written notice.
  2. Apply or liquidate pledged collateral according to the agreement.
  3. Refer the balance to collections, which can affect credit.
  4. Sue on the contract; a judgment can support wage garnishment or a bank levy.
  5. Move to surrender the defendant under Penal Code §1300, returning them to custody and exonerating the bond.

What cannot happen

  • You cannot be criminally charged for missing a premium payment.
  • An agent cannot threaten arrest of the cosigner to collect a civil debt.
  • An agent cannot add fees that are not in the written agreement.
  • Complaints about a licensed agent's conduct go to the California Department of Insurance.

If you are behind, do this first

Call before the due date, not after. Most agencies will restructure a plan for a client who communicates — extending the term, lowering the installment, or pausing a month. Armstrong has restructured plans for four generations of Southern California families; call (818) 241-2171 in LA or (619) 560-0106 in San Diego.

Get any modification in writing, and keep every receipt.

Common Questions

Can I go to jail for not paying a bail bond?
No. It is a civil contract debt. The defendant can be surrendered back into custody in some circumstances, but the cosigner is not arrested.
Will unpaid bail premium hurt my credit?
It can, once the balance is sent to collections or reduced to a civil judgment.
Can they take my collateral?
Yes, if you pledged it and the agreement permits liquidation on default.
Does the debt disappear when the case ends?
No. The premium was earned at release, so the balance survives dismissal, acquittal, or conviction.

Sources checked

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Licensed California agents, on the phone 24 hours. CA license #1214401.

Call (818) 241-2171

Who is writing this bond

A family that has posted bail in California since 1926

Cecil C. Armstrong opened our Glendale office in 1926. Four generations later, Bill Armstrong (CEO) and Nikki Armstrong (Co-CEO & Licensed Bail Agent) — the fourth generation of the family — still run the company, and our agents still answer the phone themselves. When you call about an arrest in Los Angeles or San Diego County, you reach a licensed Armstrong agent, not a national call center that hands your file to a stranger in another state.

CA Bail License
#1214401
Glendale · LA County
(818) 241-2171
San Diego County
(619) 560-0106