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| Need Help with a bondsman that wont return Collateral. http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=12762 |
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| Author: | chris1760 [ Tue 10 Jan 2012 17:28 ] |
| Post subject: | Need Help with a bondsman that wont return Collateral. |
Well I bailed out a good friend and it was in Charlotte NC the case was disposed of. I have spent 3 months trying to get my money it was a simple 1000.00 bond the fee was 150.00 I am due 850.00. I just think hes trying to rip me off at this point because im in Baltimore and hes in charlotte. Any Ideas Thanks Chris 443-789-3848 PS So far the insurance commision is being no help ! |
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| Author: | speezack [ Tue 10 Jan 2012 17:46 ] |
| Post subject: | Re: Need Help with a bondsman that wont return Collateral. |
Are you a bondsman or are you the indemnitor on your friends bond? Even though you have not provided info on you, I will give you some general advice... if you do this, you will not have to get into a long discussion about this further. Actually, it doesn't matter whether you are a bondsman or just the indemnitor.... so send him a certified letter stating your intent and give him 15 days to respond, tell him you intend on contacting any and all state agencies dealing with bondsmen and see what happens. If your letter comes back unopened, DO NOT OPEN IT... keep it for your court appearance along with the certified mailing receipt and the UNOPENED letter you sent. You may have to file in NC... not sure about that although you may be able to do it in MD... Scott M. can probably clear that up. But you can file for a judgement against him and he will have to appear or forfeit judgement. When you go to court make sure you have all your ducks in a row.... You of course, do have a copy of the contract with his signature and date, right?... and a receipt stating the amount you paid and what portion was premium and what portion was collateral. Is there any portion of your contract that you do not have in your possession and that you signed.... because, he may have something that you signed that says he keeps all the money under certain circumstances... you have to make sure all the cards are on the table and all the contracts are visible to you. If your friend complied with all court directives, if he complied with all the bondsman's directives and there were no other extenuating circumstances... you may have a case.... but that is if all is in order as laid out here.... With the limited info you provided.... it is impossible to say further... good luck... I will tell you this... if the bondsman is legit and you threaten him with state agencies... he will contact you... but keep in mind that contracts can work in both directions. |
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| Author: | SURETYRISKMANAGEMENT [ Tue 10 Jan 2012 18:11 ] |
| Post subject: | Re: Need Help with a bondsman that wont return Collateral. |
That's good, sound advice and I don't think that I could add a single thing to it. Well done! |
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| Author: | KARMA [ Tue 10 Jan 2012 19:04 ] |
| Post subject: | Re: Need Help with a bondsman that wont return Collateral. |
I have a very serious question since I do not write for an Insurance Company but rather write as what we are called (self-surety). Why ? would anyone give a 1000 $ to someone that they do not know for a bond that only carries a 150 $ prem/fee ? From my personal view (and how it is done here) that would be the same as posting a CASH Bond and when the case was adjudicated, all but 10% would be returned to the poster (less of course any fines and Court costs). |
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| Author: | tsuggs [ Tue 10 Jan 2012 19:15 ] |
| Post subject: | Re: Need Help with a bondsman that wont return Collateral. |
If my info is correct, if you used a surety bail bondsman, all surety companies have a separate "collateral" receipt. So if you paid a $150 premium that should be on one receipt. The $850 should be on a separate collateral receipt. That money must be placed in a separate escrow account held by the bail bondsman or forwarded on to the surety company to hold. To follow up on LuVonda's statement, some times people do not want to have their name on a bail receipt. They are criminals themselves or owe the state money. So they have a bail bondsman post the whole cash bail for them. |
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| Author: | KARMA [ Tue 10 Jan 2012 19:35 ] |
| Post subject: | Re: Need Help with a bondsman that wont return Collateral. |
Interesting . . . Then, Chris may need to find a new "friend" . . . We also have separate Collateral Receipts for when we physically take care and custody of an object (to be held in a fiduciary capacity only), if cash,cannot be placed in an interest bearing account. |
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| Author: | Mdbtyhtr [ Tue 10 Jan 2012 21:08 ] |
| Post subject: | Re: Need Help with a bondsman that wont return Collateral. |
Chris is actually very experienced in this industry and I am quite sure the bond was fully collateralized because it was posted in NC and he is from MD. That said, I would approach the surety. If the bond was posted on property, I would seek to attach the collateral this bondsman has pledged. Scott |
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| Author: | KARMA [ Tue 10 Jan 2012 21:27 ] |
| Post subject: | Re: Need Help with a bondsman that wont return Collateral. |
Scott, that still does not answer why a Bondsman would require 100 % of the cash and yet still post a Bond. Maybe I am not posing my query correctly. Chris stated that Quote: Well I bailed out a good friend would not another Bondsman write the bond knowing that this person is known by Chris, accepting only the necessary fee and simply get all of the info should the party fta? Of course that would mean that the writing Bondsman would have to treat the Bond as tho it were a std everyday bond. Here we get calls all the time from out of State and I write the bond making sure to get all info from the party, as well as retaining the info that the out of State Bondsman gives. If Chris writes for the same Insurer can he not contact them direct and get his money refunded ? Mayhap Bill Williams (NC) could lend a helping hand with this matter ? Sounds like it is more of a bother to write for an Insurance Company and to be a Self Surety . . . . |
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| Author: | BondgirlCA [ Tue 10 Jan 2012 21:50 ] |
| Post subject: | Re: Need Help with a bondsman that wont return Collateral. |
Something smells funny....if I took collateral on a bond, I would do half the bond amount plus the premium. The collateral gets deposited in the bank to hold it until the case is terminated.. Receipt is given to the consigner and they get the money back....I would never take 100% plus the premium....it's not an acceptable business practice. Something just doesn't sound right here.... |
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| Author: | NYPD BLUE [ Wed 11 Jan 2012 01:59 ] |
| Post subject: | Re: Need Help with a bondsman that wont return Collateral. |
Here in Miami .. we get ALOT of OUT OF STATE people getting arrested ... drunk .. fighting .. drugs ..etc.. since these people live OUT OF STATE.. and lets say the bond is $1000 .. we take the $100 (10%) plus a full $1000 Cash to cover the bond in case of forfeiture.. many times these people arrested while on vacation here will not bother coming back to take care of the minor case and we the Bail Bond Co. are certainly not sending agents across the US to recover them as it would not be financially feasible.. then we take the $1000 cash collateral and pay the estreature and walk away ... sometimes they also give you the full cash collateral because they do not wanna wait at the jail 12 hours to post the cash bond for their friend as they want to keep on partying.. cause that is how long it takes sometimes to wait here in Miami.. even for a bail bondsman we have to wait for a jail card and it can take anywhere from 30 min to 17 hours (since I waited 17 hours for a Jail Card in the past) .. New arrested we can drop off the power and appearance bond and walk away ..we always hope it is a new arrest but sometimes like in DV cases you must wait for the deft to see the judge and that would require getting the jail card prior to posting the bond here in Miami. Out of State Bonds with FULL CASH collateral I LOVE <3 <3 I would write out of state visitors in Miami Jail all day everyday .. ! Its a win win.. |
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