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| MARKETING PROJECT http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=12621 |
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| Author: | SURETYRISKMANAGEMENT [ Fri 02 Dec 2011 23:25 ] |
| Post subject: | MARKETING PROJECT |
I’m working on a marketing project. I’m calling this idea “Real-Time Court Case Status Checks.” Do you have an “iffy” client that you think might not show up at the next court hearing? Would you like a service that provides your agency with a discreet professional who would attend the same court hearing that your client is supposed to attend? You would be notified in timely fashion whether your client appeared at the appointed hearing or failed to appear. This type of service would provide your agency with the distinct advantage of having actionable intelligence regarding your clients decisions and intentions without your client knowing that you have the upper hand. If the client is deemed and undesirable risk, but does appear in court, you could then have the option of having the client surrendered in open court. Sure, you could wait for the court to mail you the Notice of Forfeiture. That could take a weeks, maybe even a month. You could even wait a few days and status the court case yourself, but wouldn’t you rather have the advantage of having real-time, actionable intelligence without having to sacrifice your time or that of an in-house employee to take care of this chore? Here’s where I need your help. I’m looking for your honest, realistic ideas on fair and competitive pricing so that I might offer this type of service to potential clients without “cutting my own throat.” 1. Would you be interested in having this type of service available for your agency? 2. How much money would you be willing to pay for this type of service? |
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| Author: | tsuggs [ Sat 03 Dec 2011 12:45 ] |
| Post subject: | Re: MARKETING PROJECT |
A interesting proposition. Here are a few things to consider or being a bail agent I would have to consider first. 1) To surrender in someone in court, pre forfeiture, under PC 1300, that would have to be done by the bail, as in bail agent, not a second party. So, I don't think you as a recovery agent can surrender the defendant while he is in court appearing for his scheduled hearing. The only way I can see you being able to do so, is to arrest the defendant while he or she is in court under PC 1301, with proper authorization from the bail agent and then surrender the defendant. That may be tricky to do inside a court room. 2) The next issue will be if the judge is willing to accept the surrender, some one will have to explain the reason for the surrender if the defendant has not missed any court dates. I am sure his or her attorney will argue against the surrender. So, the bail agent would have to provide an affidavit stating the reasons for the surrender. In CA, if the court does not believe there is good enough reason for the surrender, then the bail agent can be ordered to return the bail premium. If I as a bail agent, I have to do all that work ahead of time, I would rather appear on the case myself. Our office calls all our clients the day before their court date. If we can't reach them or the co signers, we already have a heads up that they may FTA. So we go to court ourselves and check on the defendant. |
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| Author: | SURETYRISKMANAGEMENT [ Sat 03 Dec 2011 13:38 ] |
| Post subject: | Re: MARKETING PROJECT |
Thank you for sharing this information with me. I really appreciate your input. |
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| Author: | OrangeCountyBounty [ Sat 03 Dec 2011 15:29 ] |
| Post subject: | Re: MARKETING PROJECT |
Tony, I did a pre-forfeiture/revocation surrender in court back in January. I simply stood up when the defendant's name was called, said I was from ABC Bail Bonds who held the bonds on the defendant and we wish to revoke the bonds and surrender her. The judge asked on what grounds and I replied That while I certainly could articulate grounds in detail....did he want me to do so then? He said never mind and asked the bailiff if he could take her into custody. They did. I was not a licensed bail agent at the time nor did the issue come up. Could be that I just got away with one but....no tellin' now. |
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| Author: | KARMA [ Sat 03 Dec 2011 16:21 ] |
| Post subject: | Re: MARKETING PROJECT |
Tom, you lucked out if you have to be a Lic BBA. |
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| Author: | OrangeCountyBounty [ Sat 03 Dec 2011 18:23 ] |
| Post subject: | Re: MARKETING PROJECT |
That is my point, LuVonda. I am not sure that you do. I know Rex talks about certain jurisdictions requiring licensed bail agents to appear to argue bail motions, such as extensions and 1305G exonerations, but I am still not sure it is required in the event of a simple surrender on good cause. |
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| Author: | speezack [ Sat 03 Dec 2011 18:55 ] |
| Post subject: | Re: MARKETING PROJECT |
Might be a service needed somewhere but not in my AO... southside Virginia works like so.... if I feel a defendant is gonna be a problem... I print out a bail piece online... take it to the appropriate court clerk, have it signed and put it in my folder... if the def. FTA's... I will have a show cause within 48 hours... every court I deal with will give me at least two court appearance before the forfeiture is ordered (which basically is 60 days) and then in Virginia there is 150 days (5 months) before money is paid... I cannot speak for other bondsmen but surrendering in court... at their appearance... has never been a problem and can be done with the bail piece for whatever reason I come up with... frankly, if I don't like the way he dresses... I can revoke the bond... in 12 years, I have never been questioned... of course I do not make it a habit of revoking bonds in court but on the occasion that I have done so.... no problem BTW... my contract states that if I have to appear in court on a defendant... for any question... I charge $150 per appearance... and I collect... and it occurs so infrequently that it is not a problem, either with my time or my money. Having someone that I hire... and pay.... to go to court for me, for whatever reason, is simply an additional cost that would not be productive... IMHO. Tony, good info... on the money. |
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| Author: | tsuggs [ Sat 03 Dec 2011 21:02 ] |
| Post subject: | Re: MARKETING PROJECT |
With practically every county in CA broke, many are starting to look at bail forfeitures and their motions as a way to collect money. In SoCal the judges and county counsuls are starting to question and oppose most bail motions as a way to force forfeitures to collect needed cash. Now, if the bail bond company is a corporation, in CA and maybe other states, all motions must be presented by an attorney. Not all judges know that but are beginning to in force that rule of law. So, if a bail agent waits to the last minute and appears in person or have a recovery agent appear, that motion can be denied and the forfeiture ordered. In this matter, a surrender in court is handled differently than an arrest and surrender. A straight surrender in court has to be done by the bail. PC 1300 An arrest and surrender can be done by anyone authorized by the bail to do so. PC 1301 Tom I would say that you were just lucky that no one questioned who you were. You could have been charged with acting as a bail agent without a license or if ABC is a corporation, acting as an attorney. In several Bay Area counties, including my own, you would have been quesioned as to what authority you had in order to surrender the defendant. Also, most BA counties want a motion, affidavit or order in writing to surrender the def in court. That is why a service like the one being proposed would not necessarily be beneficial to me. If I have to do all that work, I might as well appear on my own. |
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