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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26826
Experience:  Began practicing law in 1992
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if one signs a bond agreement and defendant does not show and

Customer Question

if one signs a bond agreement and defendant does not show and bond is paid by agent is there any recourse for the person signing the bond. the defendant currently is in jail.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

I'm not sure what you are asking. Are you asking if the person that paid the bond due to the Defendant not showing can sue to recover their money?

Customer :

i have only paid the 10%. the bond company seems very unreliable with the truth and say i owe over $27,000 now. i am wondering if this is absolutely true or are there other ways of going about this

JD 1992 :

It depends on the contract but typically that is correct. The person responsible for the bond is the one who can be sued to recover any money the bonding company pays.

Customer :

how successful are they at this?

JD 1992 :

However, don't pay them anything unless you take their agreement to a local lawyer and let them look it over. Most bonding companies are shady at best and will lie if they think it will get them more money.

JD 1992 :

As far as successful, it is pretty cut and dried if the contract is standard.

Customer :

that is what i planned to do

JD 1992 :

That's best, don't trust anything they say.

Customer :

yes they lied repeatedly, told me i could go to prison if the insurance company decided to file fraud charges

JD 1992 :

What fraud?

Customer :

apparently one of the bounty hunters told my sister, mother of the defendant, that the insurance companies sometimes filed fraud charges if money wasn't paid

JD 1992 :

No, that's BS.

JD 1992 :

The only way they file fraud is if you did something fraudulent. Not paying isn't fraudulent.

Customer :

yes, i thought so and the guy's boss called me the next day to tell me the only thing the insurance company could do is sue for the money

JD 1992 :

That's correct.

Customer :

ok, any ideas about getting out of this, sounds pretty bleak

Customer :

i know there must be laws about harassment because once i started asking for specifics over text the bounty hunter started backpedalling

Customer :

said he was giving me the very worst case scenarios

JD 1992 :

He is giving you the most unlikely scenarios.

JD 1992 :

Just don't talk to them and go talk to a local lawyer, let them look at the contract, and then choose a direction to go from there.

Customer :

ok, that is what i was going to do but decided to ask here, maybe get a happy pill or something

JD 1992 :

Most of them never try to collect the money back. A lot depends on how much of a burden the bondsman is under. Some of them are just like insurance agents, they don't actually do the bond they just help someone else do it. In a case like that they aren't on the hook and the insurance company doesn't pursue it a lot of times. Some bondsmen actually do the bond themselves and they are a little more aggressive in trying to get their money.

Customer :

they don't seem to be too aggressive and seemed curious about whether i intended to pay them or not when i called them. they sent me a notice weeks ago and i've heard nothing since. i didn't know what the notice said as i hadn't been to my house in weeks. they also said that it was being sent by the court, but it was just from their office.

JD 1992 :

Again, they lie. Never trust anything they say.

Customer :

yes, i certainly see that.

Customer :

thanks

JD 1992 :

Let me know what happens. Once you issue your positive rating the question locks open and no longer times out and you can come back anytime if you think of something else or to let me know what happened.

Customer : I tried to get an appointment with an attorney in New Orleans but he never returned my call. No other news!

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