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Thinking of suing my bondsman. Any advice?

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Dan0112

Junior Member
What is the name of your state (only U.S. law)? California

names in ""'s have been changed

My girlfriend got arrested on Sunday night. She called up a bail company and found out she was charged with a felony. The bondsman, who said her name was "rikki" from "abc bail bonds", told me the bail would be $50k and I would have to put up $5,000 up front to get her out.

My girlfriend asked if the amount might be lower if she stayed locked up until her first appearance. "rikki' said the bail would remain the same since the first appearance only determined whether you were pleading guilty or innocent. I decided to take care of things immediately.

Since I didn't have the $5,000 she agreed to take $1,000 up front, $1,000 a week later and $500 a month thereafter. She told me that I had to make the first payment over the phone with my credit card and then meet her at the county jail the following morning at 9:30.

At 11:00 AM "rikki" finally showed up with the contracts and a business card for a entirely different bail company. She told me the fee had been raised to $5,050 and that the payment was renegotiated. I now owed $1,000 the following day, $500 ten days later, and $500 a month thereafter. I signed the contract because I had already invested $1,000 and spent hours negotiating with her. She got my girlfriend out a few hours later.

While I'm happy that 'rikki' did her job, she misrepresented her company name, lied about the bail proceedings (bail amounts often do change on a first appearance), and changed the payment terms and agreements once I gave her money.

I'm curious. Is this behavior ethical, or even legal? I don't feel like I should have to pay 'rikki' any more money because the contract was written up in bad faith. Am I right to withhold it? I should also mention that the DA dropped the case. Is there any danger of my girlfriend going back to jail over this if there's no more appearances?
 


justalayman

Senior Member
the bondsman does not control the amount of the bond only knows what the courts tell them. After bail is set it does not change unless there is a hearing to reduce the bail.

I don't know what the added $50 was for. That is something you need to check into.

What I suspect happened is rikki's company could not purchase the bond for whatever reason so she asked another bond agent to purchase the bond. Since I have almost no info and no means to get it, that is something you would have to investigate.

and the big reason you have no suit: you had the option of saying no. You weighed the options and decided to continue down the path you started walking so you are where you are.

I don't feel like I should have to pay 'rikki' any more money because the contract was written up in bad faith. Am I right to withhold it?
really not a good idea. You signed the paperwork, you owe the money.

As to the DA dropping the case; have the charges actually been dismissed and was it with or without prejudice. If it wasn't with prejudice, the DA can reinstate the charges if there is reason to.
 

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