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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118286
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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In May 2012, my Grandson that lives in K.C., Mo. was arrested

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In May 2012, my Grandson that lives in K.C., Mo. was arrested for DUI. In a conversation I had with his attorney, I agreed to be his bondsman and sent the attorney a $2000 check. I made it very clear I thought, that I would not be responsible for his attorney fees but his bondsman and expecting the money back. Well 1 yr. later the attorney has kept the money and I recently found out that the only money he paid to the court was $346. I have been defrauded out of my money and he misrepresented his intentions. What can I do to get my money back?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you paid the attorney for something and he did not use the money for what you paid him, this can be considered theft by fraud and you can report it to the DA's office for investigation. Second, you can file a complaint with the MO Bar Office of Disciplinary counsel for him misusing client funds.

As far as his fees, who did you believe would be responsible for his fees? Was there any written fee agreement when you engaged him for your grandson?

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Customer: replied 4 years ago.

I'm sorry I haven't heard back from the response to the question you asked.

Thank you for your response, but I posted the above and never received a response from you until just now. If you did respond, please look above and you will see your response never posted and I apologize if that occurred.

My question to you was what makes the attorney think you are personally responsible for fees, did you sign a personal guarantee or a written fee agreement?
Customer: replied 4 years ago.

I had previously responded to your questions. The lawyer had previously been my grandsons lawyer, I did not retain him. The other answer is my grandson and his mother were to be responsible for the lawyer fees. I was to be his bondsperson and provide the fee for that. I even have the initial letter I wrote to the lawyer that I enclosed with the check.

I sincerely XXXXX XXXXX any technical issues that caused your responses to not appear and I have reported the matter to our Tech Support for them to look into.

If the lawyer has no written agreement with you to pay the attorney's fees, he has no legal cause to pursue you for those fees. Just because you posted bond does not make you liable for his attorney's fees under the law and his recourse is against your grandson and his mother, not you and you need to write to him and enclose a copy of the letter you have clearly showing you were not a guarantor of the legal fees.

If the attorney has attached the bond for legal fees, then you would have to file suit against your grandson and his mother showing that they were liable for the payment and that the lawyer has improperly seized that bond money and I am afraid the only way to resolve this now if the attorney will not return the money is by going to court and filing suit.
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