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acotero
Nov 25, 2006, 06:43 PM
Over five years ago my mother had to post bail for me due to false allegations by my ex-husband. My bail was $7500 dollars and my mother went to a bail bonds and was suppose to give them 10% of my bail for them to post the rest. To make a long story short I was not aware that she never paid the full amount she still owed them $250 dollars and I was never informed. Last night when I went to check my credit report there was a judgement from this bail bonds. I would like to know if there is anyway to get this off my credit report since my mother was the one who signed for this bond not me. Also I am in the process of moving to Alabama and one of the things that new employers check is your credit report. With this judgement from a bail bonds me makes me look like a criminal to possible employers. Can anyone help me.



Thank-you
Acotero

RichardBondMan
Nov 25, 2006, 08:15 PM
Over five years ago my mother had to post bail for me due to false allegations by my ex-husband. My bail was $7500 dollars and my mother went to a bail bonds and was suppose to give them 10% of my bail for them to post the rest. To make a long story short I was not aware that she never paid the full amount she still owed them $250 dollars and I was never informed. Last night when I went to check my credit report there was a judgement from this bail bonds. I would like to know if there is anyway to get this off of my credit report since my mother was the one who signed for this bond not me. Also I am in the process of moving to Alabama and one of the things that new employers check is your credit report. With this judgement from a bail bonds me makes me look like a criminal to possible employers. Can anyone help me.



Thank-you
Acotero
I write bonds but not criminal bonds, only miscellaneouse surety bonds for notaries, public officials, people who loose bank CD's, attorney's whose clients might be injured children, etc. but not bail bonds. I might be wrong but even though you said you did not sign the bond, most surety companies have common law right of indemnity. In other words, the surety (which might be a corporate surety or even the bail bond agent), can pursue you even though you might not have signed the bond. Really the bond guarantees that should you fail to appear in court, the bond is forfeited and the penalty ($7,500) is called due and must be paid to the Court. Seems you did appear as promised and ordered so the agreements, whether written or based on common law traditions), must contain a provision that they can require you / and or you and your mother pay the premium. Firsit I would want to see what agreements were signed when the bail bond was issued. Start there.

Fr_Chuck
Nov 25, 2006, 09:07 PM
Actually the bond is for you, and somewhere in your release where you promise to appear, you promice to pay the court if you don't appear.

The bond was done for your benefit, and she was basically paying on your behalf.

** as a ex police officer we dealt with bail bondmens all the time.

So both of you owe the money, since by all right, you were to actually not get out of jail, until the full amount was paid.

Best thing, contact the debtor and make arrangements in writing, to have them report this paid in full, and you pay them

ScottGem
Nov 25, 2006, 09:22 PM
The easy answer is contact the creditor, explain to them you were not aware that the amount was never paid, and ask them, if you pay the debt in full, will they have it removed from your credit report.

If they agree, it will still take some time from receipt of payment to clearing your record, at least 2 months and maybe more.

But I'm not sure you owe this debt. I understand what Chuck is saying that because the bond was posted to get you out of jail, you are responsible. But that doesn't sit right with me. If you did not sign for this debt at all, then you shouldn't be responsible for it. If I take out a loan to buy my daughter a car and she is not signed on the loan, even though the car is transferred to her, that still wouldn't make her responsible for the car loan.

So an alternative tactic is to send a letter to the credit bureaus disputing the report explaining you never singed for the debt. You will then need to go back to the court that issued the judgement and apply to have the judgement vacated on the grounds that you never signed for it.

You will have to review the contract to see if there is a clause making you responsible.

Either way it will take some time for all this to be resolved.

Fr_Chuck
Nov 26, 2006, 11:04 AM
The perosn getting out of jail sign so many rights away when they get out of jail, they don't even understand one percent, they give the bail bondsmen the right to physcially kidnap you and return you to court, they can take you across state lines without any court hearings, they can come into your house after you without any warrants, and so on.

So when you signed your bond papers, there are 1000's of vague clauses. And the bail bond is a legal agreement between you and the bondmens, the person helping you with it, is only a responsible party who is acting on your behalf.

And since they have a judgement, it appears they have appeared in court, and presented evidence that you owe the money ?