Criminal Law / Sureties

[BusDriver4540]

My state is Georgia. I want request to the court to be released from liability of a property bond that was signed December 2018 for a family member who was charged with insurance fraud. I discovered today that I cannot refinance my home because of the surety bond. I have read Georgia code. Can someone tell me what to include in the request to avoid any loopholes as I will be representing myself. I guess this might be similar to a Release of Liability? Thanks for any feedback.

 

[quincy]

My state is Georgia. I want request to the court to be released from liability of a property bond that was signed December 2018 for a family member who was charged with insurance fraud. I discovered today that I cannot refinance my home because of the surety bond. I have read Georgia code. Can someone tell me what to include in the request to avoid any loopholes as I will be representing myself. I guess this might be similar to a Release of Liability? Thanks for any feedback.

What is the current status of your family member’s case?

Was a lien placed on your property? If so, who is holding the lien?

 

[Just Blue]

@Mass_Shyster

 

[quincy]

Mass_Shyster is in Massachusetts not Georgia.

 

[Just Blue]

Mass_Shyster is in Massachusetts not Georgia.

I know. We don't have a criminal attorney from GA.

 

[quincy]

ALawyer or TigerD might be helpful. But the status of the family member’s case can be important.

If the family member’s case already has been resolved, BusDriver needs to request that the court exonerate the bond before any lien on his property can be removed.

 

[Taxing Matters]

And if your relative's case is not yet resolved, pulling the bond may result in that family member ending up sitting in jail while waiting for his/her case to get sorted out.

 

[quincy]

And if your relative's case is not yet resolved, pulling the bond may result in that family member ending up sitting in jail while waiting for his/her case to get sorted out.

Right. BusDriver might find himself having to escort his family member to court to get a release if the family member is still awaiting resolution of the insurance fraud charge. The family member would wait in jail until another bond can be secured.

 

[zddoodah]

I want request to the court to be released from liability of a property bond that was signed December 2018 for a family member who was charged with insurance fraud. I discovered today that I cannot refinance my home because of the surety bond.

I'm guessing what happened here is that, in connection with your family member obtaining a bail bond, you agreed to pledge your home as collateral and executed a deed of trust in favor of the surety that issued the bond. Correct?

If so, what is the status of the case against your family member? In particular, what is the status of the bond? December 2018 was 16 months ago. Has the case gone to trial? If not, when is trial scheduled?

I have read Georgia code.

Which parts?

Can someone tell me what to include in the request to avoid any loopholes as I will be representing myself. I guess this might be similar to a Release of Liability?

Only a Georgia attorney could help you with this, and this sort of specific legal advice would not be appropriate for an internet message board.

 

[quincy]

I agree that, for help drafting a request of the court to release the property bond, BusDriver will need help from an attorney licensed to practice in Georgia. That falls outside the scope of this (or any) forum.

Georgia’s Criminal Investigations Division of the Office of Insurance and Safety Fire Commission had an active 2019, with a greater than average number of arrests for insurance fraud. The penalties on conviction can be a fine up to $10,000 and/or 2 to 10 years in prison.

 

[Litigator22]

My state is Georgia. I want request to the court to be released from liability of a property bond that was signed December 2018 for a family member who was charged with insurance fraud. I discovered today that I cannot refinance my home because of the surety bond. I have read Georgia code. Can someone tell me what to include in the request to avoid any loopholes as I will be representing myself. I guess this might be similar to a Release of Liability? Thanks for any feedback.

So, you intend to inform the court that you have second thoughts and now wish to withdraw your property bond. A bond that you posted as bail in order that the defendant be released from custody and to guarantee his/her compliance with all future orders of the court pending final disposition of the charges. Seemingly you don't or didn't grasp the serious nature of your undertaking or the stupidity of it.

Anyway, if you are dead set on trying, I suggest that when you arrive at court to be heard that you be handcuffed to the accused so that he or she can be surrendered to the sheriff should the court grant you application for relief from the bond. Or, find some other trusting family member willing to put their home on the block in place of yours. (And if the court denies your application you might consider keeping the cuffs in place.)

 

[quincy]

... Anyway, if you are dead set on trying, I suggest that when you arrive at court to be heard that you be handcuffed to the accused so that he or she can be surrendered to the sheriff should the court grant you application for relief from the bond. Or, find some other trusting family member willing to put their home on the block in place of yours. (And if the court denies your application you might consider keeping the cuffs in place.)

The handcuffs are only an okay idea if the insurance fraud charge has not been resolved. We don’t know yet what has happened to the family member.

Here is a link to Georgia Code section 17-6-31, Surrender of principal by surety:
https://law.justia.com/codes/georgia/2018/title-17/chapter-6/article-2/part-1/section-17-6-31/