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-   -   Can I get my money back from this (https://www.askmehelpdesk.com/showthread.php?t=774641)

  • Nov 10, 2013, 09:55 AM
    ladyjazz2013
    Can I get my money back from this
    This is kind of hard to explain as it's a lot of information but I'm going to try my best to explain it without confusing anyone. OK so my friend is incarcerated and he has 2 bails. Each one for a different charge. He's only been in there for 2 weeks and his court date is next month. His family wanted to bail him out so that he could at least be home for thanksgiving so they came up with the money and went to the bail place and paid. They explained that it could take up to 24hrs for him to be released so we were expecting him to come home. I'm assuming his father thought he was paying for 2 bails when actually it was only one. Now of course my friend isn't coming home because only one bail was paid for. Fyi he only paid 1% of the bail now he has to make monthly payments until it is paid in full.

    My question is would they be able to get a refund from the bail place because the purpose of paying was to get him out but they didn't do their job so its like money gone to waste.
  • Nov 10, 2013, 10:05 AM
    ScottGem
    Its not up to the bail bondsman to check to see if the accused is under bail for more than one charge. If this information was not made clear to the bondsman its not their fault.

    You can ask for a refund, but I'm not sure if you can legally compel one.
  • Nov 10, 2013, 10:11 AM
    ladyjazz2013
    Quote:

    Originally Posted by ScottGem View Post
    Its not up to the bail bondsman to check to see if the accused is under bail for more than one charge. If this information was not made clear to the bondsman its not their fault.

    You can ask for a refund, but I'm not sure if you can legally compel one.

    Well when they went to the commissioner to pay the bail why didn't he tell them there was another bail and he couldn't be released on just one payment. This doesn't make sense to me and now they are stuck making monthly payments for nothing
  • Nov 10, 2013, 10:34 AM
    ScottGem
    Again it isn't the bail bondsman's responsibility. For all he knows you were making other arrangements for the other bail.
  • Nov 10, 2013, 10:37 AM
    ladyjazz2013
    Quote:

    Originally Posted by ScottGem View Post
    Again it isn't the bail bondsman's responsibility. For all he knows you were making other arrangements for the other bail.

    Smh I understand
  • Nov 11, 2013, 07:17 AM
    excon
    Hello lady:
    Quote:

    Smh I understand
    My friend Scott, is PROBABLY right... But, maybe not.. The only way you'll know, is if you pursue your money diligently, and you don't get it back, he was..

    But, I believe you'd WIN a small claims lawsuit against the bonding company... In order for a contract to BE a contract in the eyes of the law, each side needs skin in the game. The legal word for it is "consideration". The bonding company EARNS their money by taking a RISK. That's THEIR consideration. But, in YOUR case, there's NO risk, so they should earn NOTHING and refund your money.

    If they don't, I'd sue 'em in small claims court.. It's a quick, cheap and easy way to get your question answered absolutely.

    excon

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