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.
Administrative Law Lawyer
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.
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
9 lawyers agree
Criminal Defense Attorney
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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
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 Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
4 lawyers agree
Criminal Defense Attorney
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.
3 lawyers agree