How can I avoid losing my bail refund for someone who is purposely not reporting into bail bondman?

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How can I avoid losing my bail refund for someone who is purposely not reporting into bail bondman?

Posted bail for a individual and now they are threathing me that they will not report to the bails bondman so I can lose my refund.

Asked on May 1, 2009 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

First of all as you already seem to know bail bond forfeiture results when court appearances are missed by an accused individual. Once a person charged with a crime misses the court date, a bench warrant is issued for their arrest. The court also states a forfeiture date in which either the charged individual must be located or the bail amount must be paid.

The bail agent may hire a bounty hunter to locate, arrest, and return the bailed person to the court. If the accused party has not been located or hasn't turned him or herself in by the forfeiture date, the agent pays the full bail bond amount to the court. In addition, the bail agent takes action to foreclose on any collateral guaranteeing the bond. The bond agency is mandated by law to refund any amount gained from the sale of collateral that exceeds the bail amount.

Now this is where you come in, the bond indemnity ( that's you) should be willing to assist in locating the accused party prior to the forfeiture date in order to maintain his or her property used as collateral.

For additional information on bail bond forfeiture you should contact a bail agent or an attorney. If you need help try www.AttorneyPages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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