South Carolina Bail Bonds Require 10% Upfront — Here’s What That Means for You

Erika
4 days ago
3 min read

If you or a loved one has recently been arrested in South Carolina, you may hear conflicting information about bail bond fees — especially regarding discounts or payment plans. This confusion has increased following South Carolina’s recent Bail Bond Reform and stricter enforcement of these laws.

Here’s the truth, explained clearly and simply.

In South Carolina, licensed Bail Bondsmen are required by law to collect 10% of the total bail amount upfront before signing a bond. Discounts on that required 10% — or payment plans that delay collecting it — are not legal, even if some companies still claim otherwise.

This article explains what changed, what the law requires, and how to protect yourself from being misled during an already stressful situation.

What Changed Under South Carolina Bail Bond Reform?

South Carolina’s bail bond reform did not introduce a new premium amount — the 10% requirement has existed for years (went into effect with the 2023-24 South Carolina Bail Reform). What did change is enforcement.

Recent orders have clarified expectations and increased oversight, placing greater responsibility on licensed Bail Bondsmen to strictly follow state law. As a result, the South Carolina insurance regulators have issued multiple warnings and enforcement actions reminding Bail Bond Companies that the required premium must be collected in full and upfront.

🤔 This has led to confusion among the public, especially when some Bondsmen continue using outdated or illegal practices.

The 10% Bail Bond Requirement (What the Law Says)

Under South Carolina law:

Bail bondsmen must charge 10% of the face value of the bond
That 10% must be collected before the bond is signed
The 10% premium cannot be discounted
Payment plans cannot be used to delay collecting the required 10%

Example:

If the court sets bail at $10,000, the required bail bond premium is $1,000, and it must be paid before the bond is written.

There are no legal exceptions for hardship, urgency, or competition.

Why Discounts or Payment Plans on the 10% Are Illegal

Some bail bond companies attempt to attract business by offering:

“Less than 10%”
“Pay what you can today”
“No money down”
“Payment plans on the premium”

These practices are illegal in South Carolina.

The law exists to ensure:

Fair and consistent pricing
Accountability across the bail system
Protection for defendants and their families from hidden or later-added fees

Companies that violate these rules risk license suspension or revocation and place clients in vulnerable positions if the bond is later challenged.

What to Do If a Bail Bondsman Offers Less Than 10%

⚠️ If someone offers you a bail bond for less than 10%, you should proceed with caution.

Before agreeing to anything, consider asking:

Will the full 10% be collected before the bond is signed?
Is this company fully licensed in South Carolina?
Will I receive a written receipt for the full premium?

🚩 If the answers are unclear or evasive, that is a red flag.

Being promised a cheaper option upfront can lead to bigger problems later, including last-minute payment demands or issues with bond compliance. Additionally, the South Carolina Department of Insurance has created a Complaint Form specifically for Bondsmen failing to adhere to these statutes.

How Licensed South Carolina Bail Bondsmen Are Required to Operate

All Bail Bondsmen in South Carolina are regulated by the South Carolina Department of Insurance.

Licensed Bondsmen must:

Follow strict premium collection rules
Maintain active licensing
Operate ethically and transparently
Comply with enforcement directives and audits

❓ If you ever have doubts, you are entitled to ask about a Bondsman’s licensing status and compliance practices.

Need Help Now? Work With a Licensed South Carolina Bail Bondsman

When you’re dealing with an arrest, the last thing you need is confusion or misleading information. Working with a licensed South Carolina bail bondsman ensures that everything is handled legally, professionally, and without surprises.

📲 If you need immediate assistance, our team provides fast, confidential help across the Upstate, including dedicated support for:

Spartanburg County
Cherokee County
Surrounding areas in South Carolina

We’re always happy to explain the process clearly and answer questions — no pressure, no misinformation. We are here to help, even if you don't choose to use our services.

Additionally, if you would like to file a report against a South Carolina Bondsman related to non-compliance of the "10% requirement", specifically, submit this DOI form to bondsmanlicensing@doi.sc.gov. This form is found on the Bondsmen page, under Miscellaneous Forms.