QUESTION
Can a Bail Bonds company sue the co-signers if the person that the bail was set for is now deceased?
Asked on Sep 25th, 2012 on Criminal Law - California
More details to this question:
My son was incarcerated in the end of March 2012. Myself, his girlfriend and a few of her friends co-signed with a bail bonds company to get him released on or about April 19, 2012. On June 29, 2012 my son was killed in an auto accident and now I am still currently paying for funeral expenses. Now the bail bonds sent me a collections letter to my home asking for $7000, but the bail that is left is only $5000. As of today the other co-signers received letters in the mail indicating that if they do not contact them that in 36 days everyone's paycheck will be garnished. Is this legal if my son is deceased. When the bail bondsman contacted me he only asked if I was his mother and was he deceased, then he proceeded to say that he needed a copy of the death certificate which I provided. Then about a few weeks later I received a collections letter in the mail from a lawyer.
7 ANSWERS
Yes. You co signers guaranteed payment of the bond. You're all on the hook.
Answered on Jun 12th, 2013 at 1:52 AM
Leonard A. Kaanta
Yes, as a cosignor you are responsible.
Answered on Oct 01st, 2012 at 1:20 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
If you promised to pay then they can collect. This is a contract and the payment is due even if the charges are never filed.
Answered on Sep 28th, 2012 at 12:36 AM
The individual(s) who agreed to pay the premium for the bond is/are responsible for paying it, no matter what happens in the case. The premium is usually 10% of the bail. If you agreed to pay the premium, you owe this money regardless of the fact that your son tragically died before the case was over. If you merely agreed to guarantee payment if your son defaulted, you may have some recourse.
Answered on Sep 26th, 2012 at 5:18 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
This does not sound right. You need to at least consult a local attorney and take the relevant paperwork with you to the consultation. Perhaps it can be either cleared up or explained to you.
Answered on Sep 26th, 2012 at 1:26 PM
Michael J. Breczinski
If his fee was not paid then he has a right to collect it from the guarantors.
Answered on Sep 26th, 2012 at 1:25 PM
Of course. That's what co-signers are for! Like when the signer flees or dies.
Answered on Sep 26th, 2012 at 1:23 PM