Bail Multiple CO-Signer Liability? (CA)

[Cagarden]

(California) My handyman (now retired, no cash available) needed a cosigner AND down payment to bail his son out for a felony charge.

Since his son helped me with garden chores in the past, I agreed to post a deposit of $2,000 toward the $8,000 bail bond cost, as well as cosign together with handyman,

with an agreement signed by son on release that I will make monthly payments for as long as he works 4 hrs/day (26hrs/wk) in my 'gospel garden' startup project (cultivating scriptural plants for religious interest) for 4 months since he had no job nor cash, either.

To date, I already paid off $4,000 (half) of the bail bond price, and the father has not made a payment of even $1. I believe the son made a payment of $73 total, only so far.

When discussing the bail bond balance when the son became busy and missed 4hrs/day garden help for the past couple weeks,, the son told me to expect to pay off the balance even if he can't provide garden help since his dad wont pay as has little income.

So now I'm at the point where I feel I've paid half of the balance as a friend yet the other cosigner - his own dad- nor bailee(?) have paid nothing or next to nothing.

From ongoing communication, it appears the son knows his trial/sentence is near anyway so doesn't care about default, neither does his dad as they both claim to not have any money/income.

My question is if I stop paying now at the half point - expecting the other co-signer to pitch in the other half, and if they don't, and it goes to collection, is there any argument for me to get out of having to pay the FULL bail bond off since I wasn't the only co-signer, and I already paid off half??

Isn't blood somewhat legally thicker than water or at least having of some weight/bearing in above issue?! =/

 

[Zigner]

My question is if I stop paying now at the half point - expecting the other co-signer to pitch in the other half, and if they don't, and it goes to collection, is there any argument for me to get out of having to pay the FULL bail bond off since I wasn't the only co-signer, and I already paid off half??

It really depends on the agreement you made with the bail bond company. I suspect that you are on the hook 100% for the amount. I mean...what's the point of a cosigner if not to be there to pay in case the primary signer doesn't?

 

[adjusterjack]

The creditor can go after whichever of you is most vulnerable to collection efforts for 100% of the debt.

Any guess as to which one of you that might be?

Hint: The one with high credit score, money in the bank, good job.

On the other hand, if you stop paying, the bail bondsman can also have the boy picked up and put in jail until his trial.

 

[Cagarden]

Awesome replies, thanks guys! Here and on the other site too!

It's music to my ears to hear 'On the other hand, if you stop paying, the bail bondsman can also have the boy picked up and put in jail until his trial.'

That alone was what I was banking on. as the handyman and his son did good work on and off here and there for the past 5 years (which they were paid for already, though) so i figured I'd show some gratitude, take a chance, and see if the delinquent son would learn anything from gospel gardening as for me yes it was totally a gamble on good faith!

I don't mind paying off the balance but with your added input it makes cents/sense to hold off on paying to see if son - on his own free will - in observed absence of his father/cosigner's own financial obligations, choses to do some gardening, or to go straight back to jail.

Pricy lesson learned indeed. I still have faith the kid will make up his hours gardening for a greener earth, but yea.. thats up to them and thanks for clarifying that indeed I will be stuck with the bill lest I sue, if I have it correct, either or both of them?

I'm not one to sue, but am just wondering just in case I do change my mind and seek compensation for the other cosigner not coughing up even $1.

 

[Zigner]

Awesome replies, thanks guys! Here and on the other site too!

It's music to my ears to hear 'On the other hand, if you stop paying, the bail bondsman can also have the boy picked up and put in jail until his trial.'

That alone was what I was banking on. as the handyman and his son did good work on and off here and there for the past 5 years (which they were paid for already, though) so i figured I'd show some gratitude, take a chance, and see if the delinquent son would learn anything from gospel gardening as for me yes it was totally a gamble on good faith!

I don't mind paying off the balance but with your added input it makes cents/sense to hold off on paying to see if son - on his own free will - in observed absence of his father/cosigner's own financial obligations, choses to do some gardening, or to go straight back to jail.

Pricy lesson learned indeed. I still have faith the kid will make up his hours gardening for a greener earth, but yea.. thats up to them and thanks for clarifying that indeed I will be stuck with the bill lest I sue, if I have it correct, either or both of them?

I'm not one to sue, but am just wondering just in case I do change my mind and seek compensation for the other cosigner not coughing up even $1.

If you don't pay, your credit may be dinged...just sayin'

 

[Cagarden]

Good point! I don't use credit nor credit-finance anything (with even this bail bond heck don't even know how I qualified as I have no good credit nor taxable income, just no bad credit either) - never plan to use credit - aside from mandatory consumer profiling like at the DMV or Water utility or wherever (Live off the land, off-grid, aside from gasoline, city water, neighbor-shared internet and prepaid cell phone).

But do indeed see credit's worth in Capitalist Consumerist America as far as consumer profiling, affording the typical overpriced car, home, phone, rental car, insurance, etc.. and apparently someday soon, even boarding a plane. Plus I wouldnt want a Judgement.

Thus I'm wondering if, given the above, it might be wise to skip at least a few payments so the kid learns his leasson, just like I did? I dont mind bad credit, but would of course mind being sued for added court fees and the risk of having a judgment/lien on my homestead if possible.. In long run, would expect to settle the debt in collections before not after a civil case for the 50% balance actually goes to trial.

(Still hopeful he returns to gardening a mere 4hr'day so I can continue to keep him out of jail until trial, but thats his call indeed.)

Thanks again guys n dolls for any added input! <3

 

[adjusterjack]

You're living in a dream world. Those two are deadbeats. Stop throwing your money down the toilet and cut them loose.

A lawsuit will be a waste of time and money. You'll never collect. Any work they do for anybody will be under the table.

Sorry to be so blunt, but you really are delusional if you think you'll ever get money or work out of them.

 

[PayrollHRGuy]

(Still hopeful he returns to gardening a mere 4hr'day so I can continue to keep him out of jail until trial, but thats his call indeed.)

Even if you give him work that 4 hours a day and do it every day that still leaves 140 per week for other things that can get him in jail.

 

[Cagarden]

Great points, not even a few hours of work indeed after 5yrs of otherwise great biz relationship.

Sign of the times, imo.

But in others' indeed.., delusional.

 

[not2cleverRed]

Please keep all related questions in the same thread.

https://forum.freeadvice.com/threads/how-soon-does-bondsman-typically-throw-defendant-back-in-jail-after-missed-payments.653235/

 

[Cagarden]

But criminal procedure isn't collections - or is it?

 

[not2cleverRed]

But criminal procedure isn't collections - or is it?

Because it is about the same situation, and facts are relevant, it is good to keep the whole thing together.