Legal Question in Civil Litigation in California
Being sued by bail bondsman
I gave a bail bondsman a check written in the amount of $500.00. I told him not to cash it as the account is on hold due to my divorce and in a couple of day's he would be paid in cash the $500.00 when the person I bailed out of jail got his finances in order and such. He had no problem with that. When my friend was released from jail, he and the bail bondsman spoke, filled out necessary paperwork etc.. the bail bondsman said '' what do you want to do about the $500.00, you know she just gave me a worthless check ?''. They agreed on him paying the money.
Well, he cashed it the very next day. He also sent me into the D.A. for writing a worthless check and I have to go to check class. I paid the $500.00 ( through the D.A.) I just got served. He's suing me for late fee's and interest, an extra $1645.98.. Can he do this? am I responsible for paying that much money? Thank You for your time
1 Answer from Attorneys
Re: Being sued by bail bondsman
You problems stems from the fact that despite your verbal agreement, the check was worthless. I anticipate that if you were to challenge the matter in court (small claims?), the bail bondsman will dispute your claims -- his conduct in cashing the check indicates that he believed it to be a good check.
From an objective standpoint, your case does not seem very compelling. It makes no sense "why" he would accept a check that was represented as worthless. Moreover, a judge may want to know why you did not simply post-date the check until funds were available.
My recommendation is that you attempt to negotiate the resolution. Civil Code 1719 provides for 3x amount of check penalty in civil court, up to $1500. What you call a "late fee" is really a statutory civil penalty meant recoverable by the receivers of bad checks. The available defenses are very limited.
Therefore, I recommend that you attempt to negotiate a settlement before the small claims hearing.
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