I went to fill out the paperwork at a bail bonding agency to get a friend of mine out of jail and they asked me to list my real property on the form. Do I need to do this? If so, what kind of things do I list as real property?

Real property is a legal term for property that is tangible. Generally, real property refers to larger, high-dollar items, such as a boat, a house, or a car. Sometimes, real property can also refer to high-dollar items such as a television or other collateral that does not appreciate too fast and might have a greater resale value.

Chances are good that you will not actually have to list your real property, unless your friend’s bail is set at a level that makes it impossible for you to pay a down payment in cash. Sound confusing? Here’s how the bail bond system works:

When your friend it booked in jail for a crime, a judge may decide that your friend can be released from jail on bail bond as long as he or she returns to court in order to stand trial for the accused crime. The bail bond is an amount of money that needs to be paid to the court in order to ensure that the defendant shows up in court. If the defendant fails to show up, then the court will get the full amount of the money.

Because bail bonds are generally several thousand dollars (depending on the crime and the jurisdiction), most individuals require a bonding agency to help post the bond. When you have a bondsman post the bond for a defendant, the defendant or a friend of the defendant will have to pay a down payment. The down payment is generally ten percent of the bond amount set by the judge. You should not expect to get these funds returned to you.
If the bail is high enough, the down payment for the bail can be difficult to pay. If you do not have cash to pay the down payment, then you may have to sign over the rights to a certain percentage of your real property as collateral. For example, if you own a house, the bondsman might take out a mortgage on a percentage of that house in order to cover the cost of the bond.

In your case, since you are being asked to help post bail for your friend, it is probably not a wise move to sign over a portion of your real assets to help post your friend’s bond. You may, however, be able to sign over a portion of your friend’s assets. Make sure that you check with the bondsman before you list your real assets as well, because it is just as likely that you will be able to skip that line on the bond application.