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Bailed Friend Out of Jail- Wont Repay Me!

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Mnovack86

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

I need some advice on what I can do. Heres the backstory:

Around May of 2008 me and some buddies went to Atlantic City for my friends birthday. One of my friends ended up getting arrested for a fairly serious crime (assault on a police officer)
The bail was set at $2,500 and I ended up posting the bail. When my friend was released we agreed that he would pay me back when the courts returned the bail, which we thought would take about a month or so. A few months passed and the court still hasnt returned any money and my friend was telling me that he kept showing up to his court dates but they keep pushing it back. I decided to call the courthouse and found out that the bail money was forfeited because he missed a court date. I notified my friend about this and he said he had no idea. This was around September or so.

Now that we knew the bail money was not coming back we agreed that he should pay me $250 every week until he has paid me in full. I should have been done with this whole process in 10 weeks but it has been almost 5 months and all he paid was $1,200. Too make things worse, he moved out of New York to somewhere in New Jersey and he is not returning my phone calls nor do I know where he lives. I know he has no intentions of paying me the remainder 1,300 he owes me. What can I do? I really do not have any proof other than witnesses who know I bailed him out. On the bail ticket they did not put my name on it so it looks as if he bailed himself out. Do i have enough to take him to small claims court and win? Any advice is appreciated...
 


Antigone*

Senior Member
You can certainly take him to court. You know winning in court is only half the battle. You will have a blast collecting if you get that opportunity.
 

Mnovack86

Junior Member
Im worried I might not have sufficient proof that he owes me this money. Would'nt it just be his word against mine? I also do not know his address anymore since he moved. Will I need it to file a claim against him?
 

seniorjudge

Senior Member
Im worried I might not have sufficient proof that he owes me this money. Would'nt it just be his word against mine? I also do not know his address anymore since he moved. Will I need it to file a claim against him?
Yes; if you can't find him, then you may as well kiss your money good-bye.
 

Mnovack86

Junior Member
Ok, lets assume I do find out where he is living. It might take some work but i think I can find him. Judging from the information I posted, do you think I would have a good chance of winning the case and getting my money back? Thanks
 

seniorjudge

Senior Member
Ok, lets assume I do find out where he is living. It might take some work but i think I can find him. Judging from the information I posted, do you think I would have a good chance of winning the case and getting my money back? Thanks
I wouldn't have the slightest idea.

I don't know the guy.
 

Mnovack86

Junior Member
Im not sure how the whole small claims court system works, but if I win and he is ordered to pay me what he owes doesnt that mean I get the money back? I thought that after the case even if he does not pay me back I can go to the sheriffs department and they will seize his assets, like his car or something.
 

BL

Senior Member
You'd have to go through the collection channels .

Small claims court fees are small .

Is it worth your while though ?

Only you can decide , if you can prove or convince the court you pd. the bail .

Did you pay the bail , or give him the money to post it ?

How were the funds pd .?

Can you show proof of the same exact amount as the bail from a CC , bank statement ,etc. ?

You need something to show the court of your claim .
 

FlyingRon

Senior Member
If he's still on bail, you can probably have his bail revoked and when he is returned to jail you get your money back.
 

Mnovack86

Junior Member
Thanks for the response,

All I have to prove that I bailed him out are 2 witnesses who were there and a credit card receipt for the amount of the bail. I had to take out a cash advance on my card to get the money for bail. He is no longer on bail because for some strange reason they dropped the charges against him so I cannot have his bail revoked.
 

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