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BizAttorney
BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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My son was arrested for a failure to appear, The Judge set

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My son was arrested for a failure to appear, The Judge set his bond at 10,000 dollars, I received a call from the officer that was taking him to jail called me and told me his bond was 10,000 dollars. I paid the bail bondsman 1500 dollars and bailed my son out. The next morning my sons lawyer called him and told him he had got my son a PR bond at 11 am the day I paid the bondsman 1500.00 dollars. My credit card wasnt charged until 12:37 that day. I called the bondsman to request my money back, and he refused, saying we had a contract and, he refused to return my money. Is it ok if I dispute this charge on my credit card, as I am not paying him the money, as he did nothing for this money, nor will he have to, and refuses to give my money back? I live in Colorado.

BizAttorney :

Good evening! I can help you out with your legal question tonight. Yes, you may dispute that charge on your credit card. You would need to follow your credit card's procedures, and it is not 100% certain that you will get the expense removed. You will want to try and keep it as simple as you can. State that he did nothing to get the money and that payment should not be made.

BizAttorney :

You will have possible litigation though with the bondsman though for breach of contract.

Customer:

But that legal expense would be on him instead of on me, if I had to hire an attorney. Would he actually win the case even though I was misinformed by the officer taking my son to jail. I saved the message the officer left on my cell phone, saying my sons bond was 10,000 dollars. When there was already a PR bond .

BizAttorney :

Yes, he would have to foot his own legal fees. It is hard to determine if he would win the case since there are many factors a judge would hear before making a decision.

BizAttorney :

Usually misinformation does not constitute reason to breach a contract with a separate party.

Customer:

Well I cant beleive this man would just get my money and have to do nothing now for it...he told me my son would have to go back to jail to cancel out the bond and then be released on the PR bond...I called the jail and they say they show he was rleased on the 10,000 dolllar bond, as they hadnt received the paperwork from the court yet showing the PR bond.

BizAttorney :

I agree with you, if you can show misrepresentation or fraud, then he will have a hard time convincing a judge to sympathize with him.

BizAttorney :

Plus if he never performed on the contract, then he cannot claim you breached your part by not paying.

Customer:

What would happen if he won the case on breech of cotract?

BizAttorney :

The most he would win is the amount you should have paid him. But he will have to pay money to sue you and then pay money to find you and then win in court. It may not be worth the money and the hassle.

BizAttorney :

Did you have any other questions tonight?

BizAttorney and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

My sons attorney didnt tell him about the PR bond untill the next day. My son tried to contact the bondsman at that time and they said he was out of town. When he got a hold of him today, he told my son to have his attorney call him...when my son called his attorney, they too said he was out of town today! Coinsidence, or scam...this is really crazy!!! When I called the bondsman to tell him paying him would be like paying a contractor to do work for me, and then he never did the work...he hung up on me. Anyway I appreciate your help with this matter, I honestly feel a little more knowledgeable on the subject. Thank you so much.

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