What should I do?

Asked over 1 year ago - San Francisco, CA

Last May I co-signed to bail my ex-friend out of jail for the amount of 2,700 on a burglary charge. She is now claiming that she does have an income but not enough extra money to pay the bonds every month and is refusing to pay anything. I do understand the part I have played as co-signer but the agreement was for her to pay her debt & I don't think its fair that I have to be in debt behind her debt so besides whooping her ass what else can I do to solve this matter.

Attorney answers (5)

  1. Seth Andrew Weinstein

    Contributor Level 15

    9

    Lawyers agree

    Answered . You are the cosigner on the bond so you have to pay if she doesn't. You can always take her to Small Claims court to recover the money.

    Seth Weinstein, Esq.
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  2. John M. Kaman

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . "Whooping her ass" will only land you in state prison on felony domestic violence charges. You signed the note which means if she doesn't pay you have to. So pay.

  3. Frank Mascagni III

    Contributor Level 20

    7

    Lawyers agree

    Answered . As co-signer, you are co-liable. Talk to an attorney to see if you can alter the bail bond and remove yourself from liability. I don't practice in CA, but in my state, a surety can petition to court to allow the surety to withdraw the money posted on the bond and rescind the bond posted in the surety's name. Th defendant will then have to get another surety or go to jail unable to post the bond. There are many avvo lawyers on this site that practice in CA, I'll defer to them.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  4. Curtis Lamar Harrington Jr

    Contributor Level 20

    4

    Lawyers agree

    Answered . Does the bond co-debt involve a lien on your property? Car? House?

    Does the bond co-debt involve simply a promise to pay if ex triend does not pay?

    What is the position of the bail bondsman on withdrawing the bond if she does not pay?

    Does the bondsman seem bothered by her position not to pay, and having to look to you to pay?

    Are you judgement proof?

    Is she judgement proof?

    Hire a local debt collection attorney. The cost to pursue the debt will likely exceed $2700, but principle is important.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  5. Mark A Seif

    Contributor Level 7

    3

    Lawyers agree

    Answered . Simplest way by far - file a suit in small claims court which will allow you to get a judgment against her. Then you can collect through a wage garnishment since she is working. Good luck!
    Mark A. Seif, Esq.
    800.316.6030

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