R
reeBrelliM
Guest
What is the name of your state? Iowa
I had been arrested on April 15, 2004 on two separate charges, both are listed as follows;
1) Bench Warrant "Failure to Appear" for child support hearing.
[charge required $500 cash only bond to be posted]
2) Driving While License Suspended
[charge required a signature for bond]
Shortly after the arrest, a long-time family friend of mine had been contacted, and he'd decided that he would put up the $500 cash for my bail. He contacted a bail bondsman by phone, and afterwards had went down to the bondsmans office where he had signed the signature bond on the DWLS charge. He'd counted out the $500 and then handed it over to the bail bondsman. The bondsman had taken the $500 from my friend, and brought the money into the jail, which is where he had presented me with three separate documents, pointing out the "X's" indicating where I had needed to sign my signature. He gave me a buisiness card with my court date and time information written on it. I had then asked him who had posted the cash bond, ...his response, "Not too sure, ..some gentleman, ..I believe that he's outside waiting for you." Then my personal property items were returned to me, and I was finally released.
I had appeared in court 4-23-04 on both of the above charges. When I had appeared at the Child Support Recovery office, the states attorney had told me that the $500 cash bond I had posted would be applied to my child support, and that all she needed was my signature to show that I had been informed of this action. I had then informed her that I could not give her my signature, quite simply because I did not post the $500 cash bond, so it was not up to me, nor was it my decision to make. I informed her that she would need to contact (the name was given) the person that had actually posted the cash bond on 4-15-04. States attorney had told me that her paperwork showed that it was me who'd posted the $500. I explained to her that this was an error made by the bail bondsman. Furthermore, the jails records would clearly indicate that I had didn't have the money when I was arrested, so it was not possible for me to have posted it. She agreed to a continuance on the matter, which was set for 4-28-04.
The matter was continued on 4-28-04, ...the bail bondsman agent, my friend, my appointed attorney, and myself, all had appeared at the states attorneys office at the courthouse, and discussed was the order of events that had occured regarding the posting of the bond on 4-15-04, this was explained to her in detail by both the bail bondsman and my friend. At that time, the bondsman had explained that the error made was completely on his part, and that he did receive $500 cash from my friend, and that is who was supposed to sign, not me. The $500 cash bond was ordered to be released from Child Support, and was signed by Judge XXXXX.
On 4-29-04 I had received a letter from the Clerk of Courts stating that the $500 cash bond was being held, or setoff because their records indicated that I owed for some past due traffic court fines. I called their office and explained that the posted $500 cash bond was not my money, nor was it posted by me, and as recent as only one day prior to, this had all been reviewed and explained at the states attorneys office upstairs at the courthouse. They informed me that they don't get their chain of command from the child support office, and that she was taking the paperwork back to again be reviewed by the Judge who'd originally released it. Several days later, I was told that the Judge reviewed it, and nothing would change. I was again informed of my right to contest the setoff.
A written letter to contest the setoff was filed at the Clerks Office, and was signed by both my friend and myself. They mailed me the notification of the hearing date set for 5-27-04. Quite confusing though because it says:
Plaintiff/Petitioner : Iowa Dept. of Human Services
.VS
Defendant: (my name)
Why? This was already ordered to be released from CS, ...and so I thought that this Setoff was now initiated by the Clerk of Courts with regards to my past due traffic fines.
It will not be any problem to do this all over again , however, I don't know why it would be deemed necessary for all of us (the bail bondsman, my friend, and myself) to present this all over again. Any help would surely be appreciated.
Thanks!!!
reeB
I had been arrested on April 15, 2004 on two separate charges, both are listed as follows;
1) Bench Warrant "Failure to Appear" for child support hearing.
[charge required $500 cash only bond to be posted]
2) Driving While License Suspended
[charge required a signature for bond]
Shortly after the arrest, a long-time family friend of mine had been contacted, and he'd decided that he would put up the $500 cash for my bail. He contacted a bail bondsman by phone, and afterwards had went down to the bondsmans office where he had signed the signature bond on the DWLS charge. He'd counted out the $500 and then handed it over to the bail bondsman. The bondsman had taken the $500 from my friend, and brought the money into the jail, which is where he had presented me with three separate documents, pointing out the "X's" indicating where I had needed to sign my signature. He gave me a buisiness card with my court date and time information written on it. I had then asked him who had posted the cash bond, ...his response, "Not too sure, ..some gentleman, ..I believe that he's outside waiting for you." Then my personal property items were returned to me, and I was finally released.
I had appeared in court 4-23-04 on both of the above charges. When I had appeared at the Child Support Recovery office, the states attorney had told me that the $500 cash bond I had posted would be applied to my child support, and that all she needed was my signature to show that I had been informed of this action. I had then informed her that I could not give her my signature, quite simply because I did not post the $500 cash bond, so it was not up to me, nor was it my decision to make. I informed her that she would need to contact (the name was given) the person that had actually posted the cash bond on 4-15-04. States attorney had told me that her paperwork showed that it was me who'd posted the $500. I explained to her that this was an error made by the bail bondsman. Furthermore, the jails records would clearly indicate that I had didn't have the money when I was arrested, so it was not possible for me to have posted it. She agreed to a continuance on the matter, which was set for 4-28-04.
The matter was continued on 4-28-04, ...the bail bondsman agent, my friend, my appointed attorney, and myself, all had appeared at the states attorneys office at the courthouse, and discussed was the order of events that had occured regarding the posting of the bond on 4-15-04, this was explained to her in detail by both the bail bondsman and my friend. At that time, the bondsman had explained that the error made was completely on his part, and that he did receive $500 cash from my friend, and that is who was supposed to sign, not me. The $500 cash bond was ordered to be released from Child Support, and was signed by Judge XXXXX.
On 4-29-04 I had received a letter from the Clerk of Courts stating that the $500 cash bond was being held, or setoff because their records indicated that I owed for some past due traffic court fines. I called their office and explained that the posted $500 cash bond was not my money, nor was it posted by me, and as recent as only one day prior to, this had all been reviewed and explained at the states attorneys office upstairs at the courthouse. They informed me that they don't get their chain of command from the child support office, and that she was taking the paperwork back to again be reviewed by the Judge who'd originally released it. Several days later, I was told that the Judge reviewed it, and nothing would change. I was again informed of my right to contest the setoff.
A written letter to contest the setoff was filed at the Clerks Office, and was signed by both my friend and myself. They mailed me the notification of the hearing date set for 5-27-04. Quite confusing though because it says:
Plaintiff/Petitioner : Iowa Dept. of Human Services
.VS
Defendant: (my name)
Why? This was already ordered to be released from CS, ...and so I thought that this Setoff was now initiated by the Clerk of Courts with regards to my past due traffic fines.
It will not be any problem to do this all over again , however, I don't know why it would be deemed necessary for all of us (the bail bondsman, my friend, and myself) to present this all over again. Any help would surely be appreciated.
Thanks!!!
reeB
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