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 $375 with bondsman and signature for bond]
There was a $500 (cash only) bond that was required before the jail could release me. A life long family friend of mine had been notified of the situation, and a short time later he had decided to put up the $500 cash for the bond.
My friend had then called AAA Bonding Co. via telephone, which is when he was informed that besides the $500 cash bond, a signature was also needed for bondsman to put up $375 on the DWLS charge. My good friend had then brought $500 down to the bondsmans local office, which is where he was instructed to meet with the bail bondsman. Upon his arrival, had met with the bail bondsman agent employed with AAA Bonding Co.
So my friend had then signed the signature bond that was required on the "Driving While License Suspended" charge. He proceeded to count out $500.00 cash, and then had handed it over to the bail bondsman. At that time, the bondsman had informed my friend that there was also a service fee of $85.00, to which he had wrote a check for the amount of $85.00 payable to AAA Bonding Co.
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 only 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 (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 if it did show me as the one who'd posted, it would have to be an error made by the bail bondsman, or the jail. Also, that the jails records would clearly indicate that I didn't have any money when I was arrested, so it simply was not possible for me to have posted it. She agreed to a continuance on the said 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 child support/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 acknowledged that an error had been made, also that this was done completely on his part. He explained that he did, in fact, receive $500 cash from my friend, and that it was my friend who was supposed to sign it, not me. The $500 cash bond was then ordered to be released from Child Support, and was signed by Judge XXXXX.
The next day on 4-29-04, I had received a letter from the Clerk of Courts stating that the $500 cash bond was being 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 letter to Contest Setoff was filed at the Clerks office, and had been 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)
Huh???? This was already ordered to be released from CS, ...and so I thought that the setoff was now being initiated by the Clerk of Courts regarding my past due traffic fines, NOT child support.
It will not be any problem to do this all again, however, I don't know why it would be deemed necessary for all of us (the bail bondsman, my friend, and myself) appear again to present and explain this all over again. What can I do? 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 $375 with bondsman and signature for bond]
There was a $500 (cash only) bond that was required before the jail could release me. A life long family friend of mine had been notified of the situation, and a short time later he had decided to put up the $500 cash for the bond.
My friend had then called AAA Bonding Co. via telephone, which is when he was informed that besides the $500 cash bond, a signature was also needed for bondsman to put up $375 on the DWLS charge. My good friend had then brought $500 down to the bondsmans local office, which is where he was instructed to meet with the bail bondsman. Upon his arrival, had met with the bail bondsman agent employed with AAA Bonding Co.
So my friend had then signed the signature bond that was required on the "Driving While License Suspended" charge. He proceeded to count out $500.00 cash, and then had handed it over to the bail bondsman. At that time, the bondsman had informed my friend that there was also a service fee of $85.00, to which he had wrote a check for the amount of $85.00 payable to AAA Bonding Co.
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 only 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 (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 if it did show me as the one who'd posted, it would have to be an error made by the bail bondsman, or the jail. Also, that the jails records would clearly indicate that I didn't have any money when I was arrested, so it simply was not possible for me to have posted it. She agreed to a continuance on the said 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 child support/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 acknowledged that an error had been made, also that this was done completely on his part. He explained that he did, in fact, receive $500 cash from my friend, and that it was my friend who was supposed to sign it, not me. The $500 cash bond was then ordered to be released from Child Support, and was signed by Judge XXXXX.
The next day on 4-29-04, I had received a letter from the Clerk of Courts stating that the $500 cash bond was being 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 letter to Contest Setoff was filed at the Clerks office, and had been 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)
Huh???? This was already ordered to be released from CS, ...and so I thought that the setoff was now being initiated by the Clerk of Courts regarding my past due traffic fines, NOT child support.
It will not be any problem to do this all again, however, I don't know why it would be deemed necessary for all of us (the bail bondsman, my friend, and myself) appear again to present and explain this all over again. What can I do? Any help would surely be appreciated.
Thanks!!!
reeB
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