Md. Code Ann., Ins. § 10-309
Acceptance of payments for premium in installments
Effective Oct 1, 2017Added by Acts 2012, c. 243, § 1, eff. Oct. 1, 2012; Acts 2012, c. 244, § 1, eff. Oct. 1, 2012. Amended by Acts 2017, c. 807, § 1, eff. Oct. 1, 2017.State of Maryland
- (a) This section applies to bail bondsmen licensed under this subtitle and to bail bondsmen that provide bail bondsman services under § 5-203 of the Criminal Procedure Article.
- (b) A bail bondsman may arrange to accept payment for the premium charged for a bail bond in installments.
(c) If a bail bondsman arranges to accept payment for the premium charged for a bail bond in installments, the installment agreement:
- (1) shall be in a form adopted by the Commissioner;
(2) shall include:
- (i) the total amount of the premium owed;
- (ii) the amount of any down payment made;
- (iii) the balance amount owed to the bail bondsman or the bail bondsman's insurer;
- (iv) the amount and due date of each installment payment; and
- (v) the total number of installment payments required to pay the amount due; and
- (3) may not include a confessed judgment clause that waives a consumer's right to assert a legal defense to an action.
(d) If a bail bondsman arranges to accept payment of the premium charged for a bail bond in installments, the bail bondsman shall:
- (1) secure a signed affidavit of surety by the defendant or the insurer containing the information required under subsection (c) of this section and provide the affidavit of surety to the court;
- (2) take all necessary steps to collect the total amount owed by the insured, including seeking remedies provided by law for the collection of debts; and
- (3) keep and maintain records of all collection attempts, installment agreements, and affidavits of surety.
(e)
- (1) The bail bondsman shall keep and maintain the records required under this section in an office that is generally accessible to the public during normal business hours.
- (2) The bail bondsman shall make the records required under this section available to the Commissioner for inspection.
- (3) Each year, each bail bondsman shall certify to the Commissioner that the records required to be kept and maintained under this section are accurate and true.
- (f) If a bail bondsman violates any provision of this section, the Commissioner may take any actions authorized under § 10-126 of this title.
Added by Acts 2012, c. 243, § 1, eff. Oct. 1, 2012; Acts 2012, c. 244, § 1, eff. Oct. 1, 2012. Amended by Acts 2017, c. 807, § 1, eff. Oct. 1, 2017.