Bond Writing, Surety Contracts, and Powers of Attorney
The bond as a contract
A surety bail bond is a three-party arrangement involving the court/state, the defendant and indemnitor, and the surety. The agent acts only under a power of attorney (POA) from the surety. The POA defines the agent's authority, including the maximum single bond and expiration date. The bond itself must identify the defendant, case or charge, court, amount, and date, and must be executed properly.
Execution limits
- Never write above the POA limit; excess authority can make the bond unenforceable and trigger discipline.
- Do not sign blank bonds or alter a bond after execution.
- File or provide a copy of the POA when required by the court or jail.
- Keep premium, indemnity, and collateral terms separate and documented.
- Confirm the surety is authorized in Iowa before writing.
Worked example
A defendant needs a $75,000 bond. The agent's POA limits single bonds to $50,000. The agent cannot write the full $75,000 alone. The agent must obtain additional surety authority, use a co-surety arrangement permitted by the surety, or decline. Writing the bond anyway creates an authority problem: the court may reject it, and the surety may dispute coverage.
Traps that cost marks
Using an expired POA; relying on a photocopy when an original is required; omitting the court or case number; accepting premium before the bond is accepted; and failing to obtain the indemnitor's signature. Check the POA limit and effective date before every bond, not after a problem arises.