Legal Question in Administrative Law in California

How to collect monies owed after a ''bail exonerated'' has been ordered.

I came across some old 1986 County Recorded documents that say ''ORDER EXONERATING BOND''. My spouse had paid a 30,000 bond to get someone out and these years he thought the money was gone, until I seen the papers. I noticed the word exonerated because we just found out that in another previous case (2001, I had paid 4,000 in bail, and recently found out that some paperwork I had from the court also said Bail Exonerated. So now we have 2 different orders to collect on, I think? I need to know what steps to take now.

I have all the receipts, documents, copies of checks,etc.

Hope you can help,

Thank you, Elizabeth


Asked on 4/17/05, 8:13 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How to collect monies owed after a ''bail exonerated'' has been ordered.

I would start by discussing this with the clerk of the court where the bail was posted. In larger counties there is probably a specialist, or at least the head clerk of the criminal division, where you should end up. The court might still be holding the funds. Be prepared to prove your personal entitlement to them.

Unclaimed funds do escheat to the state after a while, and it may be too late. Not many lawyers know much about escheatment. If this has happened be prepared to pay a lawyer to do some research into this area of the law.

Finally, if the funds have fallen into private hands and a lawsuit might be necessary to get the party holding them to release them, you will have a statute of limitations problem. There may be a way around the limitations issue but it will be tough.

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Answered on 4/18/05, 1:01 am
Terry A. Nelson Nelson & Lawless

Re: How to collect monies owed after a ''bail exonerated'' has been ordered.

If you posted cash bail directly with the court that was Exonerated, the court would have sent the money back to the person that posted it, at their address. If that is you, and you never got it, it may be possible to recover it now with a formal Claim to the court and county. However, it has been a long time, so there are statute of limitation issues.

IF instead, you paid a bail bondsman to post bail, then you don't get your payment back upon Exoneration.

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Answered on 4/18/05, 9:09 pm


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