# Courthouse won't give my bail back. What do I do? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 28, 2011, 3:54pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270 "2011-03-28T15:54:15Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![chorpler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chorpler/32/2888_2.png) [@chorpler](https://boards.straightdope.com/u/chorpler)\ **Post date:** [March 29, 2011, 4:04am UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/61 "2011-03-29T04:04:39Z")
As others have mentioned above – how do bail bondsmen stay in business? If they put up the money for your bail, and then you violate the conditions of bail by skipping town, why do they even bother hiring a bounty hunter to track you down and bring you in, if their money has already been forfeited to the court? ---
**Author:** ![Zsofia](https://avatars.discourse-cdn.com/v4/letter/z/7bcc69/32.png) [@Zsofia](https://boards.straightdope.com/u/Zsofia)\ **Post date:** [March 29, 2011, 4:10am UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/62 "2011-03-29T04:10:15Z")
Well, there are all those other dudes who might be thinking the same thing? Just a guess. ---
**Author:** ![cornflakes](https://avatars.discourse-cdn.com/v4/letter/c/9d8465/32.png) [@cornflakes](https://boards.straightdope.com/u/cornflakes)\ **Post date:** [March 29, 2011, 4:20am UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/63 "2011-03-29T04:20:02Z")
> [@chorpler](#): > > As others have mentioned above – how do bail bondsmen stay in business? If they put up the money for your bail, and then you violate the conditions of bail by skipping town, why do they even bother hiring a bounty hunter to track you down and bring you in, if their money has already been forfeited to the court? Bondsmen help the court by bringing in bail jumpers. I’m sure that most courts have decided that it helps the process to respond in kind and return the bail to the bondsmen. ---
**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\ **Post date:** [March 29, 2011, 4:34am UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/64 "2011-03-29T04:34:06Z")
Sorry, KWC - sounds to me like you paid $500 for a seminar at the School of Hard Knocks. Write it off and get a whole lot of gone between you and your “friend”. ---
**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\ **Post date:** [March 29, 2011, 5:03am UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/65 "2011-03-29T05:03:56Z")
> [@Duckster](#): > > I guess all of the posts have clouded the issue for you. > > Let’s pull that lever one more time … > > [ol] > [li]You bailed out your friend to the tune of $500.00[/li][li]Your friend did not meet the conditions of the bail.[/li][li]The bail was forfeited to the court.[/li][li] **You are out the $500.00, unless you can get it from your friend.** [/li][/ol] Is anyone else hearing this in Judge Judy’s voice? > [@Clothahump](#): > > Sorry, KWC - sounds to me like you paid $500 for a seminar at the School of Hard Knocks. Write it off and get a whole lot of gone between you and your “friend”. Yup. ---
**Author:** ![flatlined](https://avatars.discourse-cdn.com/v4/letter/f/eb9ed0/32.png) [@flatlined](https://boards.straightdope.com/u/flatlined)\ **Post date:** [March 29, 2011, 5:48am UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/66 "2011-03-29T05:48:50Z")
> [@kwc27](#): > > At least I don’t have to worry about dropping the soap. It’s an even worse deal to be a 22 year old felon who probably won’t get to drive for a couple years. But fulk him anyway. Is your friend the drunk who killed my friend? If so, I’m realy offended that it only cost 500. I hope he loses his home, his car and has to live on the street while offering to give blowjobs for a beer. I have no sympathy for drunk drivers. I totally have no sympathy for peole who get arrested THREE times for DUI. Your money is gone. When you bailed him out (still amazed that it only cost 500…usually when I bail my friend out, I have to put up the title for his home and vehicles and then pay cash. My friend does pay me back) You promised the court that your friend would honor the terms of his release. Your friend showed you as much consideration as he does the people he might kill. He doesn’t care. I hope you get your money back, but he will probably just walk away and then use other people when he needs to “borrow” bail next time. $500 for a three time offender. Shakes head sadly. That’s why drunks keep killing innocent people. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [March 29, 2011, 6:35am UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/67 "2011-03-29T06:35:09Z")
> [@kwc27](#): > > I suppose his landlord will take his stuff for not paying his rent and the impound lot gets his car for not paying the impound fee, so I don’t get any of that. Go to the impound lot and get his car out, and hold it for him. He gets it when he pays you your $500 plus the impound lot fees. (Assuming his car is worth more than $500, and he actually wants it back.) ---
**Author:** ![Cicero](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cicero/32/3594_2.png) [@Cicero](https://boards.straightdope.com/u/Cicero)\ **Post date:** [March 29, 2011, 10:57am UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/68 "2011-03-29T10:57:15Z")
Sorry KWC. You tried to do the right thing but you don’t reinforce failure. You lost $500. Probably not worth chasing it. ---
**Author:** ![Sparky812](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@Sparky812](https://boards.straightdope.com/u/Sparky812)\ **Post date:** [March 29, 2011, 11:15am UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/69 "2011-03-29T11:15:35Z")
> [@Colibri](#): > > [Moderator Note] > > **Sparky812** , insults are not permitted in GQ. No warning issued, but don’t do this again. > > Colibri > General Questions Moderator ``` Sorry, I merely meant to point out that his friend may be smarter than he thinks. ``` My apologies to\*\* kwc27\*\*. ---
**Author:** ![6ImpossibleThingsB4Breakfast](https://avatars.discourse-cdn.com/v4/letter/6/e19adc/32.png) [@6ImpossibleThingsB4Breakfast](https://boards.straightdope.com/u/6ImpossibleThingsB4Breakfast)\ **Post date:** [March 29, 2011, 11:37am UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/70 "2011-03-29T11:37:08Z")
Sorry to hear you’ve done your dough, **kwc27**. Especially when you thought you were doing the right thing. Lessons that involve money aren’t necessarily the hardest ones to learn - they’re just the ones that have an immediate dollar value. ---
**Author:** ![llcoolbj77](https://avatars.discourse-cdn.com/v4/letter/l/eb9ed0/32.png) [@llcoolbj77](https://boards.straightdope.com/u/llcoolbj77)\ **Post date:** [March 29, 2011, 1:58pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/71 "2011-03-29T13:58:13Z")
**KWC** - I am a lawyer, but not licensed to practice in South Dakota. This is just what I would do, and in no way, shape or form, should be considered legal advice. For what its worth, a letter to the court absolutely will not cut it. A motion in front of the judge may very well get your money back. I know I would jump through a few hoops for $500. The clerk of the court should have a blank motion form. What you will need is the name of your friend, his case number, and the number of the statute quoted on the first page of this thread (re: not forfeiting bond where unjust). At the top it will say _In Re_:\_\_\_\_\_\_ . You write County of \_\_\_ v. Dumbass Friend, Case Number. In the blank body of the motion, write something like the following… Comes now, KWC, and prays this honorable court not forfeit the bond posted in the above captioned matter, pursuant to S.Dak code section \_\_\_\_. Grounds for this motion are as follows: my friend is an idiot, but he is in jail now and is no risk of flight. Please Please Please. - KWC The clerk will place the motion on the court’s docket, and the judge will hear the matter. Just tell her/him what you told us. The worst they will do is say no. It would be worth a morning of my time for $500. Good luck! ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [March 29, 2011, 4:00pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/72 "2011-03-29T16:00:43Z")
> [@llcoolbj77](#): > > **KWC** - I am a lawyer, but not licensed to practice in South Dakota. This is just what I would do, and in no way, shape or form, should be considered legal advice. For what its worth, a letter to the court absolutely will not cut it. A motion in front of the judge may very well get your money back. I know I would jump through a few hoops for $500. > > The clerk of the court should have a blank motion form. What you will need is the name of your friend, his case number, and the number of the statute quoted on the first page of this thread (re: not forfeiting bond where unjust). > > At the top it will say _In Re_:\_\_\_\_\_\_ . You write County of \_\_\_ v. Dumbass Friend, Case Number. In the blank body of the motion, write something like the following… Comes now, KWC, and prays this honorable court not forfeit the bond posted in the above captioned matter, pursuant to S.Dak code section \_\_\_\_. Grounds for this motion are as follows: my friend is an idiot, but he is in jail now and is no risk of flight. Please Please Please. - KWC > > The clerk will place the motion on the court’s docket, and the judge will hear the matter. Just tell her/him what you told us. The worst they will do is say no. It would be worth a morning of my time for $500. Good luck! The only problem with this is that some jurisdictions have filing fees for things like this. There are also fees for filing small claims actions against the drunk. $500 isn’t exactly chump change, but still, the OP needs to think about this a bit before he starts chasing good money after bad. ---
**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\ **Post date:** [March 29, 2011, 4:21pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/73 "2011-03-29T16:21:50Z")
He should probably see what the filing fee is. If its $25 to get $500, it sounds reasonable. A judge may have no wish to punish kwc because his friend is an idiot, and kwc was a doormat. (But there isn’t a guarentee he won’t want to drive this lesson home, either). And, for clarification, I am not a lawyer, but I think this is how it works. Get the motion paperwork Write the motion similar to what llcool has suggested Submit the motion to the court clerk The court clerk will tell you a date the judge will hear the motion You go to court, the judge looks at the motion, you state what was on the motion (politely and succinctly). The judge may or may not ask questions The judge approves or denies your motion. ---
**Author:** ![Kaio](https://avatars.discourse-cdn.com/v4/letter/k/c68b51/32.png) [@Kaio](https://boards.straightdope.com/u/Kaio)\ **Post date:** [March 29, 2011, 4:40pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/74 "2011-03-29T16:40:24Z")
> [@TravisFromOR](#): > > Leaving the scene of an accident is. As is perjury, and very few people lie as well as they think they do. If you put up money for someone on his third DUI, you do with full knowledge that you’ll never see that money again. You have a rather lot of evidence that he makes poor decisions (THREE [3] {!} DUIs), what made you think he wouldn’t decide to skip town, even if you didn’t realize that his misbehaving would cause you to forfeit the money too? If you can’t afford to lose the money, don’t spend it. Since you did, well, you can ask the court to pretty please give it back, but don’t be surprised if they say no. Count your money as gone; and count this as a moderately expensive lesson in how real friends treat each other (hint: he is not your friend). I don’t think putting up bail did your “friend” any favors, either. What has he learned from this? That he can put someone else on the hook for his screw ups. Not much of an incentive to stop screwing up, is it? ---
**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\ **Post date:** [March 29, 2011, 4:46pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/75 "2011-03-29T16:46:23Z")
> [@Kaio](#): > > You have a rather lot of evidence that he makes poor decisions Even if you DON’T count the DUIs, I get the feeling that driving to his parole check-in when the terms of his parole are “Don’t drive” isn’t the first incredibly stupid thing he’s done. ---
**Author:** ![Kaio](https://avatars.discourse-cdn.com/v4/letter/k/c68b51/32.png) [@Kaio](https://boards.straightdope.com/u/Kaio)\ **Post date:** [March 29, 2011, 4:58pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/76 "2011-03-29T16:58:12Z")
> [@Dangerosa](#): > > And, for clarification, I am not a lawyer, but I think this is how it works. > > Get the motion paperwork > Write the motion similar to what llcool has suggested > Submit the motion to the court clerk > The court clerk will tell you a date the judge will hear the motion > You go to court, the judge looks at the motion, you state what was on the motion (politely and succinctly). > The judge may or may not ask questions > The judge approves or denies your motion. Ask the actual court clerk about this, though, because not all motions require a hearing in a courtroom. I once filed a motion to waive some court fees, and all I had to do was hand over the motion, a blank judgement form, and some supporting documentation over to the judge’s assistant at his office, she walked into his office to give it to him, and I had an answer 10 minutes later. I never saw the judge. ---
**Author:** ![Doug\_K](https://avatars.discourse-cdn.com/v4/letter/d/b5ac83/32.png) [@Doug\_K](https://boards.straightdope.com/u/Doug_K)\ **Post date:** [March 29, 2011, 5:21pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/77 "2011-03-29T17:21:37Z")
> [@Cat\_Whisperer](#): > > Is anyone else hearing this in Judge Judy’s voice? Actually, Judge Judy has had this type of case many times, and she always finds for the plaintiff. The conversation always goes something like this: Defendant: It wasn’t a loan, it was a gift. She just offered to pay. I would have just sat in jail. I told her not to pay and she did anyway. She knew I didn’t have any mone– Judge: DON’T TELL ME WHAT SHE KNEW! She didn’t drive drunk, you did! Your bail, you pay! PERIOD!! Judgment for the plaintiff. (Judge walks out of courtroom. Drunk driver tells camera you just can’t trust women, they always take advantage of you.) ---
**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\ **Post date:** [March 29, 2011, 6:57pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/78 "2011-03-29T18:57:05Z")
> [@flatlined](#): > > \ > > $500 for a three time offender. Shakes head sadly. That’s why drunks keep killing innocent people. If you want to kill someone and get off with a light sentence or no sentence at all, do it with your car (being drunk or not is optional). > [@Doug\_K](#): > > Actually, Judge Judy has had this type of case many times, and she always finds for the plaintiff. The conversation always goes something like this: > > Defendant: It wasn’t a loan, it was a gift. She just offered to pay. I would have just sat in jail. I told her not to pay and she did anyway. She knew I didn’t have any mone– > > Judge: DON’T TELL ME WHAT SHE KNEW! She didn’t drive drunk, you did! Your bail, you pay! PERIOD!! Judgment for the plaintiff. > > (Judge walks out of courtroom. Drunk driver tells camera you just can’t trust women, they always take advantage of you.) EGG-zackly. 😃 ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [March 29, 2011, 7:08pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/79 "2011-03-29T19:08:02Z")
> [@elbows](#): > > Um, er, no actually. When you take someone to small claims court, assuming you win, > [@kayaker](#): > > And I wouldn’t necessarily assume you will win. You paid his bail. Do you have anything other than his verbal agreement to repay? When he’s free to walk into a TV studio, see if you can get on _The People’s Court_ with him. This kind of thing sounds right up their alley. ---
**Author:** ![UncleRojelio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/unclerojelio/32/3160_2.png) [@UncleRojelio](https://boards.straightdope.com/u/UncleRojelio)\ **Post date:** [March 29, 2011, 8:13pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/80 "2011-03-29T20:13:48Z")
> [@what\_do\_I\_type\_here](#): > > Thanks for the legal advice, Mordin Solus. I LOL’ed [Previous page](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270.md?page=3) [Next page](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270.md?page=5)