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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30346
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I paid a bondsman to bail someone out of jail. If I call m

Customer Question

I paid a bondsman to bail someone out of jail. If I call him to revoke the bail, do I get my money back
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Money paid to a bondsman is kept by the bondsman as their fee for putting up the rest of the bail. Even if the accused person makes all the court appearance and bail is refunded, the money given to the bondsman is not returned. If you call and have your friend's bail revoked, the court will keep the bail money - and depending on what you signed, you could find yourself liable to the bail bond company for the amount of they bail they put up. Read any paperwork they gave you VERY CAREFULLY before you act.

Depending on the agreement you had with your friend, you may be able to sue for the money you put up. But that comes down to whether your friend promised to repay you. If so, then you'd be able to sue for that money back whether your friend makes all the court appearances or not.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
We did not have a written agreement but talked many times about payment agreement. She sent me a text 2 days after a breakup with my son stating her dad would pay me back and gave me his number. I contacted her a couple times recently about paying me back and she basically said no. I called her dad and he did not call me back.
Expert:  Lucy, Esq. replied 1 year ago.

You can sue her for repayment if you reasonably believed that she would repay you at the time you put up the money, and she accepted the bail money knowing that you accepted to be repaid. That's called unjust enrichment. It would be up to her to go after her father if he was supposed to pay it. However, since you never made an agreement with her father, and he's not the one who benefited, you wouldn't be able to get a judgment against him.

Depending on the amount of the bail, you should be able to sue in your local Small Claims Court. Most courts have forms on their website you can file to open a case.

I have to sign off now. This unfortunately happens sometimes because experts have no way of knowing when customers will return to ask follow-ups. If you have any more questions, I'm happy to answer them in the morning. I apologize for the inconvenience.