Question posed to me on NABBI, make note.

This question was received on the NABBI website and I am posting here because I think it needs to be viewed by those in the business and those looking to get into the business... Names removed by me but the 'meat' of this question comes up often... and here is my response.

Subject: Question.

I have a question. I was bailed out for 1 day. I paid 1600.00 cash on a 70,000 bond. Now the bondsman is making me pay them 5,400. Am i suppose to pay the 5400 if i was only out 1 day? I was told by a friend to ask around because it does not sound right. Thank you ahead for your time and response. California <<name and city remove by me>>

... and my response...

First question I would ask you is... "bonded for 1 day???, you mean the charge has been finalized or is over, completed, adjudicated?" My question would be... if you knew you had court the next day, why did you bond out in the first place??? I would have simply sat in jail for 24 hours to see what was going to happen on day 2 ??

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Now in response to your question...


I cannot answer for California since I am licensed in Virginia, however, note the following.

The premium on a $70K bond is 7K... that is set by the state and is the law here in Virginia. Some of us will finance the premium if it is a large bond but all is due whether at the time of release or at a future time set in the bonding agreement, signed by you and the bondsman.

If you are released on bond, the bondsman had to post the bond and is required by law to charge 10%. This bondsman made the decision to have you released with only $1600. the balance of $5400. is correct and is due, whether you were out for 1 day or 6 months. If you don't pay him and depending on the California laws... he could take you to court for the remainder of the premium.

This is of course based on what papers you signed at the time of release and who, if any, were your indemnitors (cosigners).

You can certainly argue the point but if you were bonded by me, in Virginia... first of all I would tell you up front that the premium was set by the state at 10%... $7000 for a 70K bond. I posted the bond and you are obligated to pay the premium. I would have not done the bond for less than 65% down ($4550.) and the remainder in 30 days ($2450.), regardless of how long you remained out until the charge was adjudicated (finalized). The contract you would sign with me would have all that spelled out up front.

This guy made you one hell of a deal. I would not have touched this for less than the 65% I mentioned above. I do know that California laws differ in some instances and I also know that the bonding community in California is a very tough business to be in and many bondsman are "hungry" and will write bonds for practically nothing down and sometimes do not ever collect the rest.

My reputation means more to me than the money. I turn many down and do not write the volume that many others do... but what I do write is solid and my reputation remains strong... as said... that is more important to me than the money. There are probably not a lot of bondsman that can say that. This business is very competitive and frankly, I am not particularly proud of some of the actions of many of us.... that is one reason I am proud to say that I am a member of NABBI... the site you asked the question on.

I cannot respond to what that bondsman did but I would take a very close look at the paperwork you signed at the time of release.

Good luck.

_________________
Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"
DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"

I might mention that according to my contract and many other bondsmen whom I know.... after one year on bond, many of us will charge another premium.... that is in many contracts... it keeps us from being hung out on the line when some of these charges drag on for years... I also know bondsmen that will come off a bond after a year... in other words... revoke the bond and lock the defendant up again... many have a time limit...

There are many differing laws in this business and across the country and as I have said for many years.... "the rule of thumb is... there is no rule of thumb"...

_________________
Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"
DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"

Bill,

I very often tell people to wait until they go to court even if it is 3 days ( Or if its 5 days due to Thanksgiving weekend ) if there is a chance that the charges will be dropped.

Ninety nine percent of the time they do not want to sit in jail for a day or 2. So they try to bail out with little or nothing down.

I don't touch them as I know they can't come up with the total 10% and they go with someone else and end up in the same situation as this person.

So, if what she said is true, yes she owes the whole 10% no matter how long she was out of custody or if the case was dropped a day later.

Finally, I always tell the indemnitors that the total 10% is owed no matter what happens in the case. I also have them sign a statement that they understand that.

Here in FL .. it is 10% UP FRONT.. if I took this guy out for $1600 on a $70,000 Bond ($7,000 Premium Due) and was owed $5400 (WAIT ! I wouldnt even entertain such a down payment... this is less than 5% which is ridiculous) .. and this guy closed his case or the court No Actions the case before I could collect .. .I am sh*t out of luck .. NOTHING I CAN DO but try and Sue for Money owed... GOOD LUCK WITH THAT LAW SUIT... cant get something from someone who has NOTHING...


and in Florida it is ILLEGAL to put someone back in Jail for Non Payment of Premium Balance Due.. But it is done everyday by shady bail bond companies daily ... We call them "Premium Surrenders" ... when I get called to do a surrender for another company and the deft doesnt have a Bench Warrant listed on the Docket... then too bad soo sad... call someone else.. I aint touching it ..

_________________
JEFF P.
Limited Surety Agent (FL) - License # P_2O8124_
Private Investigator (FL) - License # C_27OOO33_
NABBI Member



"Surprise Sex is the Best Thing to Wake up to, UNLESS, You are in Jail... "

Very well stated Bill,

I have a lot of issues with the bail premium's that we can charge and the fact that a number of bondsman charge less. In North Carolina as you would probably know is 15% and I stick to my guns on that until the bond reaches $10,000 or more then I will reduce it to 10%. I've sworn that I would never do payment plans, but I guess that it probably foolish and i am losing money.

I heard you speak of California and if they don't pay then you sue them. I guess if I was there I would not ever want to do a payment plan because at least in North Carolina if they fail to make a payment I don't sue them I just lock their ass back up and we can start over. In my mind...charity starts at home..my home..if you or my other comrades on here agree or disagree I would love to hear your input.

_________________
Robert J Brown

Bail Bondsman
NPN: 17113240
Holmes Bail Bonding
Johnston County, NC
(919) 376.6661