Legal Question in Civil Litigation in California

hello I live in california I was bailed out on a warrant on july 10th 2008. I was never arressted Id heard about an outstanding warrant and met a bail bondsman at the jail. I signed a warrant after being told that if the case went longer than a year i they would have to either re arrest me or I would have to resign another bail. One year went by and i got a notice that i owed the company another ten percent. I contacted the company and told them they were suppost to rearrest me or notify me they never did. I scheduled an immediate court appearance and was ordered to be released on my own recognisance. The case was over about two months later and I have been getting a second bill from these guys ever since.They are charging me another fee and interest My question is did they do anything wrong or is there a statute of limitations or anything like that which could help me? Id also like to know if they can put a lien on me or my property without taking me to court or if they have to sue me.Thankyou any help would be appreciated.


Asked on 9/14/10, 5:48 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Aside from mechanics liens for work done on your house, liens normally can not be placed against your property unless a judgment has been entered. You need to check if you were required to put up your house as secuirty for the bond [normally you can put up property worth twice the amount of the bail], as that would allow for a lien.

While it is not clear, the bonding company probably did have to tell you that the bond was going to be renewed unless you objected. Again, you need to look at the written terms of the bond contract. I do not do criminlal law, but I would think that if the courts left you alone for one year, one would think that the amount of bond requred would be much less, so the bail bondsman should have know the ten percent fee would be on a much lower bond and was negligent in posting a new bond. Contact the state agency that regulated bailbondsmen and see what they can do.

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Answered on 9/20/10, 8:24 pm


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