Wednesday, August 5, 2009

Can a bailbonds co. do this?

A friend of mine was arrested and bail was set at 10,000.00 bondable. We paid the usual 10%cash %26amp;175.00 for a total of1175.00 cash and used a credit card as collatoral for the remainding 9,000.00. The bonds co. immediately charged the credit card 10,000.00 the very next day. When we inquired about it the owner of the co. was very rude and said if we didn%26#039;t like it to put our friend back in jail and he would refund our 9,000.00, or else live with it. We have paperwork stating the card was offered as collatoral only. This matter is still in litigation %26amp; has been for 5 months while we are forced to pay credit card interest rates on 10,000.00.Is there any legal recourse available to us other than putting our friend back in jail? We live in Wash.State.Please help!!!



Can a bailbonds co. do this?honda finance





Below is an excerpt from a wiki search, the link for the full info is in the source box below. I think you are being screwed and you should at the least speak to someone at the court. Good luck.



Bondsmen generally charge a fee of 10% of the total amount of the bail required in order to post a bond for the amount. This fee is not refundable and represents the bondsman%26#039;s compensation for his or her services. As the practice of paying a 10% cash premium for a bond became widespread, some courts have recently instituted a practice of accepting 10% of the bond amount in cash, for example, by requiring a $10,000 bond or $1,000 in cash. In jurisdictions where the 10% cash alternative is available, the deposit is usually returned if the case is concluded without violation of the conditions of bail. This has the effect of giving the defendant or persons giving security for the defendant a substantial incentive to make the cash deposit rather than using a bail bondsman.



For large bail amounts, bondsmen can generally obtain security against the assets of the defendant or persons willing to assist the defendant. For example, for a $100,000 bond for a person who owns a home, the bondsman would charge $10,000 and take a mortgage against the house for the full penal sum of the bond.



If the defendant fails to appear in court, the bondsman is allowed by law and/or contractual arrangement to bring the defendant to the jurisdiction of the court in order to recover the money paid out under the bond, usually through the use of a bounty hunter. The bondsman is also allowed to sue the defendant for any money forfeited to the court should the defendant fail to appear.



In most jurisdictions, bondsmen have to be licensed to carry on business within the state. Several unusual organizations often provide bail bonds. For example, AAA (formerly the American Automobile Association) offers a bail bond service to its members who are jailed for ordinary traffic offenses to prevent law enforcement officials from threatening lengthy remand periods before trial if the alleged offender does not plead guilty at arraignment.



Four states鈥擨llinois, Kentucky, Oregon, and Wisconsin鈥攈ave completely banned commercial bail bonding, usually substituting the 10% cash deposit alternative described above. However, some of these states specifically allow AAA and similar organizations to continue providing bail bond services pursuant to insurance contracts or membership agreements.



Can a bailbonds co. do this?

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Obviously they can and did do it. Your least cost solution



is to put your friend back in jail,get your bond back,and then



bail him out using a different bonding agency if you can



afford it not using a credit card. Otherwise if you have about



$5000.00 cash to hire a lawyer to sue. You might recover the



interest paid if they did not inform you in writing of their



bonding practices. Good luck!

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