Hello, I'm Karla Mitchell. Going through a legal case can be very expensive and challenging. I won't go into details, but I recently underwent my own legal battle that lasted several years. It is finally over and I successfully received a settlement, but I had to spend so much time studying law in order to play my role in my own court case. While I found a great attorney at one point, I felt completely lost initially and I don't want anyone else to experience the same thing. So I decided to create this blog for those who would like to know more about law.
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The United States is a very litigious nation. There has been a steady rise of frivolous lawsuits over the last few decades. These frivolous lawsuits have cost the people over two-hundred-thirty billion dollars, a jaw-dropping amount for cases that remain unsettled or cases that should not have been filed in the first place. Yet, there are times, places, people, and situations where a lawsuit is the only real answer to resolving a dispute.
Take, for instance, issues arising over bail bond services. Typically, a client comes to a bail bond office needing a bail bond to release a family member or close friend. The terms of the bail bond are explained to the client, and if the client agrees to the terms and presents payment for the bond, the client signs the paperwork and that is, as they say, is that. However, there are some situations where this business transaction does not end where it should, and legal matters erupt. Here are some of those situations, and what the outcome could be.
Client Claims That Losing Bail Money, House, Etc., Was Never Fully Explained
Bail bondspeople are often floored when served with court papers because everything is done to make sure a client knows exactly what is and will happen when the client secures the bail bond. Everyone knows the money or property is forfeit to the bondsperson if the person sprung from jail does not show up to court, but some clients are blown away when they do not get their money back when the person in question does show up to court. The client may sue the bondsperson with the expectation of getting all of his/her money back because the person for whom the bond was purchased made the hearing as scheduled.
The bondsperson then has to show that the stipulations of the contract, the bail bond, and the business transaction were all on the up-and-up. Some bail bondspeople have taken to recording client meetings to protect themselves. They replay what was said when they explained every detail of the transaction to the clients. The law of the bail bond is that any money put up for bail bond is surrenderred; no money is returned. This is because the bail money is the bondsperson's way of reducing bail costs for the client, and of personally insuring the court that the person released from jail will appear before the judge at the appointed hour.
Bail Bondsperson Suing Client for Fraud
Clients can be both convincing and deceiving. In the previous type of lawsuit, the client sues the bondsperson. The "fair" turnaround is when a bail bondsperson finds that the property put up for bail does not exist, does not actually belong to the client, and/or is worthless. The client has defrauded the bondsperson for services rendered, which entitles the bondsperson to sue the client.
The courts may decide that there is a case of fraud on the part of the client. Then the client has to come up with some real property of real value that really belongs to him/her and give it to the bail bondsperson to satisfy the debt. Fines or jail time may be attached.
If the client can prove that he/she meant no harm, did not conduct a transaction under false pretenses, etc., then the courts will skip adding fines and punitive measures. The courts may still compensate the bail bondsperson according to the law. It is exceedingly rare for the courts to negate a bail bond debt completely because services were rendered for the client's family member and the debt must be paid in full.
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