How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32587
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

i posted bail for a family friend in Florida with a parcel

This answer was rated:

i posted bail for a family friend in Florida with a parcel of land, in Texas, as collateral. My friend then came home to Texas for his fathers funeral, and subsequently got arrested in Houston, Tx. He is currently in custody, and will be for another 2 years. Due to current incarceration, he could not show to his accepted date of incarceration in Florida. The bonding company has now transferred title to said property, and are now attempting to sell back to me for the original bond amount,$15,000. They are giving me until Friday 5/10/2013 and then will be offering this to the general public through a realtor. We went to a bonding company in Houston and they posted the bail in Florida.
My question
Is there any way to delay the sale or listing of the property?

And
will the bonding company be refunded any of the bond amount they paid to courts in Florida once my "friend" is delivered to florida for sentencing?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

JD 1992 :

The only thing that prevented him from appearing in FL was the arrest in TX?

Customer:

yes

JD 1992 :

You can file an injunction against the company to prevent transferring the property or doing anything else with it.

JD 1992 :

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.

Customer:

what is the best way to do that?

JD 1992 :

Hire a lawyer there in Florida where the bonding company is located.

JD 1992 :

Injunctions are extremely difficult and you need a lawyer to help you.

Customer:

do you think I should hire an attorney in Houston since we actually posted the bond with a bonding company in Houston?

JD 1992 :

You would want to hire the lawyer wherever the bonding company that has the property is located.

JD 1992 :

I have never seen a court keep a forfeited bond under these type of facts.

JD 1992 :

And it would probably be unconstitutional for them to do so.

Customer:

Can you recomend a place to start looking for experienced attorneys in my area for this type of thing?

JD 1992 :

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.

Customer:

will the attorney in Houston need to be licensed in Florida as well?

JD 1992 :

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.

Customer:

how long do injunctions take to file typically?

JD 1992 :

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.

Customer:

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?

JD 1992 :

Yes. You can combine the injunction with a suit to recover the property.

JD 1992 :

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.

JD 1992 :

Which the injunction will do.

Customer:

Great, thank you very much... You were extremely helpful.

JD 1992 :

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.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

JD 1992 :

Please don't forget to leave a positive rating so I get credit for my work.

Dwayne B. and 7 other Legal Specialists are ready to help you

Related Legal Questions