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The only thing that prevented him from appearing in FL was the arrest in TX?
You can file an injunction against the company to prevent transferring the property or doing anything else with it.
If he was prevented from appearing in FL due to being in custody somewhere else then the bonding company shouldn't be on the hook for the bond, the court will withdraw the bond forfeiture upon proof of the arrest and detention being provided.
what is the best way to do that?
Hire a lawyer there in Florida where the bonding company is located.
Injunctions are extremely difficult and you need a lawyer to help you.
do you think I should hire an attorney in Houston since we actually posted the bond with a bonding company in Houston?
You would want to hire the lawyer wherever the bonding company that has the property is located.
I have never seen a court keep a forfeited bond under these type of facts.
And it would probably be unconstitutional for them to do so.
Can you recomend a place to start looking for experienced attorneys in my area for this type of thing?
Yes, go to www.lawyers.com and look for lawyers who do civil trial law or civil litigation. That website allows you to search by area of practice as well as location. Lawyers who do that type of work would have the skill set you need.
will the attorney in Houston need to be licensed in Florida as well?
No, you may have to hire someone in Florida if it comes to that but if the company is in Houston then you should be able to do everything in Houston.
how long do injunctions take to file typically?
The lawyer can get what is known as a TRO, which is a temporary measure, issued within a day or so. The court then sets that for a hearing within a couple of weeks.
so just to be clear, the bonding company will be prevented from selling the property with a tro and the injunction even tho they already transferred it into their name?
Yes. You can combine the injunction with a suit to recover the property.
At some point you may need to hire a lawyer in FL to file a motion with the court to reverse the bond forfeiture but the most important thing to do is tie up the property right now.
Which the injunction will do.
Great, thank you very much... You were extremely helpful.
You are very welcome and I wish you the best. If you need me in the future just start your question with FOR JD 1992 and I will pick up as soon as I see it. I am online for at least a little while almost every day.
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