Legal Question in Criminal Law in California

bail bonds

I recently bailed my son out of San Diego jail. He missed his court date as his lawyer is trying to work out a deal with the D.A. in Texas. Because he missed his court in San Diego the bondsman has taken money out of both my checking acct. ($1000) and my credit card ($1000), both of which I have closed since. My question is can they go after my assets and other accts. b/c I cosigned on the bond? I did provide them with one of my acct., the one they took the money from, but am curious if they can come after my car or my saving accts without my authorization? Any help in this matter would be greatly appreciated. Thanks.


Asked on 11/11/08, 11:21 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: bail bonds

The company can't just take money out of your other accounts, but it can -- and probably will -- sue you for what you still owe. Your contract probably says such a lawsuit will be heard in San Diego. If you don't mount a defense, the bondsman will get a default judgment. He will then be able to take money from your other accounts and/or execute against your other assets. Even if you do fight him, I see no reason to think a simple breach of contract claim would fail. (You might also be sued for fraud, which would be harder to prove.) A judgment after a trial would also be enforceable against your bank accounts and other assets.

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Answered on 11/11/08, 12:05 pm
Terry A. Nelson Nelson & Lawless

Re: bail bonds

You have an attorney to ask for actual legal advice: why are you asking for anonymous advice that you can't use or rely upon anyway? No one can give you informed advice without reviewing all the facts and issues with you. If you signed a typical asset agreement, they can 'come after' everything covered by it; that's how they protect themselves.

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Answered on 11/11/08, 2:12 pm


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