I had to post bail for my 19yr.old son. His court case is over in August of 2013 I was told to leave a copy of the slip and they would mail it back it would take alittle while. In December 2013 the Justice Court said they were a little busy that I would get it in a month. At the end of January 2014 I was told that it was at the top of the pile I should get it soon. In March I was told any day. I read in the local paper that the clerk at the Justice court stole over 100k. I called just the other day April 14th the women claimed she was new and there was a total change in employees she didn’t know where it was call tomorrow, I called the next day and I was told that the account was under investigation and I could not get it right now. I was told it was not my son it was them. Can I fill out a form for small claims court and have them sign it against them???
You need legal advice. Contact an attorney ASAP.
Reported for forum change.
Legal advice is best suited to our IMHO forum.
Colibri
General Questions Moderator
Lawyers cost money…the court has her money…we’re free.
Our local TV news has a feature called “Ruth to the Rescue” where they put the squeeze on some company or local municipality that’s treating someone unfairly. Typically, the threat of bad publicity causes the offender to cave in so the news people go away.
Do you have anything like that in your area?
Your local representatives and Congresspeople will sometimes come to the aid of constituents, especially when unfairness is involved – they love being seen as white knights protecting the little guy. Call them. Your librarian can help you find out who they are and how to contact them if you’re not sure.
Makes you think you can tell the city that when they want you to pay their fees/taxes/fines/rent/whatever
I would lean towards something of this nature. First, I might try sending a letter; it sounds like going over the phone has gotten you the runaround, so I would send a very polite letter to both the clerk’s office that you’ve been dealing with and to the judge of the court detailing exactly when you posted the bail, when you first called, what you were told, when you next called and what you were told, etcetera - essentially what you’ve told us here but in greater detail. I would send each of them two copies, one regular mail and one certified mail, return receipt requested. Hang on to the green cards when they are returned. If you do not hear back within a reasonable time, I’d start writing letters to the local representatives, including a copy of your unanswered letter and photocopies of the returned green cards proving that they were received. Good luck and keep us posted.
None of the above should be construed as legal advice or creating an attorney-client relationship. I am not your attorney, you are not my client.
I’d tell my stupid (at least at the time) 19, probably 20 year old son at this point that he owes
me bail money, and if he wants it back, he can deal with all the BS.
Are we talking 100’s or 1000’s?
Funny how they are never too busy to TAKE money…
I’d contact the state attorney generals office. They may already be involved in the criminal case against the county clerk and if not maybe they should be. They would be your best bet for free legal advise on how you should pursue the matter. State attorneys general are very familiar with cases involving fraud and it is their job to protect you from it in cases like this.
Amen, Brother!
You’re going to have to give the court a reasonable time to resolve serious issues that are impeding their normal operations, and not necessarily the fault of their administrative process. You will get your money, but not tomorrow.
I’ve bailed people out a few times. You never get the money back in my experience. It’s a scam. They pocket it I think. I’ve always been told you need cash or a bond from a bondsman. I bet the bondsmen get their money back, but I don’t think regular people do unless you are working hard to keep them honest. Get receipts, following up, using a lawyer to try and recover it, etc.
It reminds me of applying for a pistol permit in MA. You walk in and give them the form. They are polite and take it from you. Then they throw it away when you walk out the door. You wait a couple months, as told. Nothing ever happens. You try again. Same thing. You go to a lawyer. He explains that they throw them away unless you have them delivered by a lawyer, or at lest a delivery confirmation letter.
Depending on what state you’re in, there’s very little oversight on local cops, prosecutors and judges.
You could start by telling us where you live.
There are probably a few steps in between that and what has been done so far. It seems the OP has only talked to a low level clerk. How about starting with their boss?
And in my experience this is totally ridiculous.
If you pay the bail, in cash, you will get it back if the terms of the bail are observed (that is, if the person you bailed out does not run away). If you pay the 10% of the bail to the bondsman, and HE pays the bail, then no, you don’t get that 10% back. But the bondsman (again, if the terms of the bail are observed) will get his money back.
Thanks, Terr, glad to know that. 
I have also seen this scenario. Defendant needs bail. Friend shows up with money. Friend doesn’t want to be bothered with paperwork* and hands over the money directly to the defendant as a loan. When court time rolls around defendant pleads guilty to a lesser charge. He tells the court to put the bail money towards the fine. Friend comes around looking for the money and there is no money to be had.
*It also usually means the bailor needs to show up for court when the bailee does. Many don’t want that hassle.
That makes sense. I never have used a bondsman. I always just paid cash.
I remember them telling me automatically that the amount of cash needed was more than you could pull out of an ATM and the bondsman wasn’t available until the morning. It sounded as if that was an insurmountable obstacle to 99% of the people trying to get their friends out. I was glad to have a bunch of cash on me. (I had come prepared.)
But in your scenario, the friend is owed money, from the start, by the defendant, not by the court. If he later comes around looking for the money, it definitely can’t be from the court.