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There is a pretty gnarly problem that is going on here in NC (and probably in other states too) that has to do with Bail bondsmen and the way they practice their trade. I’ve seen this crapola for many years. Take a look:
A Bond Is Like Expensive Insurance
This guy came to me the other day with the following case: Seems he got arrested for a DWI and some other stuff. Due to the “other stuff” (which was weed and weapon), the magistrate set his bond beyond the usual and popped him with a $5,000 secured bond. For those of you who may not know, when there is a secured bond, it means that in order to get out of jail while waiting for your court date, you gotta pony up the amount of the bond kinda like a “security deposit”; you don’t come to court, and -eventually- the money is forfeited (for benefit of schools, in NC, but other states may vary). Conversely, when your case is concluded, you get it all back. Simple, right? Now, that’s all well and good, but $5,000.00 is a bunch-o-dough. Not many folks have that sitting around. Enter the bondsman. The bondsman, kinda like an insurance salesman can help you in the following way: assuming you don’t have the cash sitting around to leave like a deposit to guarantee your presence in court, the bondsman will basically sell you an insurance policy in the amount of the bond for a price of -usually- 15% of the face value of the bond. What’s that mean? Well, supposing a $5,000 bond, a bondsman will guarantee your presence in court (and get you out of jail for now) if you pay him $750, which is 15% of the amount of the bond. If you don’t make it to court and the court orders the forfeiture of the bond, it is then the BONDSMAN who pays the forfeiture amount, and not you. Needless to say, the FEE is not refunded when the case is over. Kinda like an insurance premium, right? Ya with me? Ok, now check this out:
They Use Co-Signers To Get Out of Paying Anything Themselves
Sometimes the bondsmen “hedge their bets” by asking for a co-signer on the bond. You see, these bondsmen don’t like to pay out money on forfeitures. And when a judge tells them to pay up, the big companies that really have the money that the bondsman guarantees to pay, (like an insurance company pays out, right?) get all pissed off at the bondsman who wrote the bond. In order to keep from losing so much money then, and to keep the big company bean-counters happy, what a lot of these bondsmen have resorted to doing is asking for a co-signer on the bond. The co-signer, by signing, agrees to reimburse the bondsman (the bonding company) if the dude who bonds out of jail “forgets” to come to court. You could compare this to a co-signer on a car loan. If the “main guy” fails to pay his car loan, the co-signer is on the hook. See?
The Rub
But here’s the prob. What seems to be happening a lot is that when the guy who bonds out of jail forgets to come to court, first thing the bondsman does when he finds out is run to the co-signer and DEMAND that the co-signer pay TO THE BONDSMAN the amount of the bond. This is what happened in my example case, exactly. My client missed a court date, the judge noted his failure to appear and issued an order for his arrest. THAT SAME DAY the bondman is over at the co-signer’s house being very rude and flashing his tin bondsman badge and fancy gun around (lots of bondsmen are in love with guns and handcuffs and would like to be cops just so they can occasionally kick someone’s ass) and telling my client’s mom (co-signer) that she has to pay the amount of the bond forfeiture OR ELSE.
The “OR ELSE” part is that the bondsman even suggested that if my client’s mom FAILED to pony up, she could find herself in jail also. As “proof” of the “fact” that this might really happen, the bondsman also waves around the co-signer’s signature on a piece of paper and SUGGESTS that the signed agreement includes this lawful provision. Fortunately, my client’s mom is a pretty clear-thinking lady. She called me immediately, even while the bondsman was right there trying to do his scam on her, and told me what was going down. Here’s what I said:
It’s a Load of Crap
First off: the mere fact that the guy who bonded out of jail didn’t show up ONE TIME doesn’t mean there’s a forfeiture that the bonding company has to pay anyway. The forfeiture process is long and drawn out. It is IMPOSSIBLE that there will be any FINAL forfeiture order until months and months and months after the guy misses his court date. What this means is that if the bondsman comes to the house insisting on “reimbursement” of the bond forfeiture amount (“indemnification” they call it) the first question should be “what is the final forfeiture date and can I please see the forfeiture order?” I guarantee you the bondsman won’t be able to produce it. And, that’s exactly what happened in this case.
Secondly: The obligation of a co-signer on a bond is CONTRACTUAL in nature. That means if you ever are confronted by a bondsman with a piece of paper who says “pay me now”, you can tell him that you will pay him if and only if a court of competent jurisdiction ORDERS you to do so and then, MAYBE. You see, a contract to pay a bond forfeiture is just that, a contract. There are no special rights granted to bondsmen to get paid right away just because they have a co-signer agreement. If they feel they have a right to indemnification, let them take the consigner to court on a breach of contract claim and see what the judge and jury do. Yep, that’s right. A whole damn lawsuit. That’s months if not years. You think the bondsmen wanna do that? Well, that’s what I said, to my client’s mom and that’s exactly what she said to this idiot bondsman.
Last: While these bondsmen might like to give you the idea that they’re in league with the cops and have all this power to arrest folks and so on, don’t you believe their bullshit. While it’s true that they have the power to “off-bond” someone (i.e., take a bonded person back to jail for breaking the conditions of his bond agreement, like if he forgets to go to court, or to stay within the jurisdiction, or commits other offenses while on bond etc etc) they have ABSOLUTELY NO FRICKIN’ POWER WHATSOEVER TO ARREST ANYBODY, PERIOD!!!!!! Furthermore, any use of guns and badges coupled with a suggestion that they are court employees or cops is tantamount to impersonating a police officer, which is a felony. If you see any of this crap going down, call the cops!! Further still, the NC Department of Insurance regulates these guys in their duties as bondsmen (since it is actually a type of insurance that they sell). The second call you make after calling the cops should be to the NCDOI investigations unit to report these idiots for unlawful practices. Here’s a link to their site just in case.
Back Off, Man!
I’m happy to report that thanks to my client’s mom’s quick thinking, the bail bondsman beat a hasty retreat shortly after my phone conversation with her (and with his tail tucked firmly between his legs, I may add). As a little icing on this cake, he actually lost his bonding license over this little escapade. Don’t let it happen to you!
The Bottom Line
Remember the following:
- Ask to see the forfeiture order: he probably won’t have it.
- Tell him the matter’s just a contract and maybe no good anyway and that he has to sue you if he wants to get anything.
- if he’s being rude or pushy or does anything that doesn’t smell just rosy, call the cops and then call the DOI.
Man, I love this job! I think I know how Billy Jack must’a felt!
PS: Despite my opinion of THIS joker, there are good bondsmen out there. Contact me if you need a referral.
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There are good bondsmen and bad bondsmen in this business, just as in any other business. Yes, this business does need cleaning up. Those of us who have been in this business for years, in it for the duration, would like to see it cleaned up. If the service we provide follows the North Carolina general statutes and good business practices it can serve its purpose very well.
Speaking of hacks *hint hint*… why doesn’t the lawyer just put up his $5000 dollars for free? Because if he admitted the full truth in this article he would be forced to say he doesn’t wish to loose his money on someone else’s lack of motivation to handle their court case. If you want a common sense approach to bail or want any straight forward answers that are not askew to benefit my business, feel free to contact me and I would be happy to discuss any concerns with you free of charge. Thank you.
Also I would like to add that painting any professional in a poor light as this article does concerns me when the individual writing has limited knowledge of the ACTUAL workings of this industry. I do not seek to undermine any lawyers abilities or integrity nor any journalist. I will not even concede that there are any bad bondsmen without first hand knowledge as to the situation. I conduct my business well and to the purpose as it was created. We provide a needed service and for those that handle their business in court the results are optimal as with many other legal oriented professional services.
Impersonating a police officer? You really should do your research and read state statue before you try to accuse someone impersonating a police officer. Bail bondsmen do have a rest of authority, NC statue gives them the right to have a badge. That clearly says Bail Agent. If your a lawyer you must’ve been a flunky. I hope you are a lawyer because you clearly gave legal advice. Furthermore bondsman do not have to wait for police officers a show on scene so you can get people hurt trying to resist arrest because of you’re bad legal advice.
It also seems to me that you’re referring Bail bondsman, maybe someone should contact the DOI about that. Again you really should’ve read state statues
As a bail bondsman I read this blog and I have a few Corrections. I can tell you in the bonding business There is almost always a cosigner on a bond to ensure that there is at least one other person responsible for helping the defendant get to court, and yes, providing another person who is liable for the bond price. In the case of a forfeiture the bondsman will usually call the defendant first and try to make arrangements with them to reset the bond. This can be done either through surrender and rebonding or other legal means at the defendants disposal. A bondsman should never be at the house the same day that court is missed demanding the money from the co-signer except in the case that the defendant has been bonded after missing more than 3 court dates. The cosigner will not usually find themselves in jail. But they can in some cases be charged with defrauding an insurance company if they refuse to cooperate with the contract they signed and I promise you that cotract is absolutely legally binding. There is a forfeiture issued EVERY TIME someone misses Court. Not just sometimes, every time. The bondsman will almost always have it on them when they go to pick someone up or demand payment. The defendant and the bondsman have 150 days from the Missed Court dare to comply either by paying the bond or making other legal Arrangements or being surrendered and rebonded. That’s it. Not months and months. The cosigner is ABSOLUTELY responsible for paying the cash if it comes to it. You can go to court if you like but that just adds court costs attorney’s fees and possible court ordered garnishment of wages and court-ordered seizure of property to the cosigners tab. I’m glad the bondsman in this story lost his license for unethical practices, most bondsmen work within the law. We are not policemen, nor do we work for law enforcement. However; we do have the right to recover the bond money. We do have the right to incarcerate our clients, and usually if you call the cops they will back us not the defendant or the cosigner. I am aggrieved that this blogger has chosen to down a profession that exists to help people. There are other states that do not have bondsnen, these states also have a higher incidence of people being held in jail until their court date robbing them of their rights to be free and innocent until proven guilty. They also have a higher incidence of people not showing up to court, and repeat offenders which drives up the crime rate. Also as a bondsman I take offense at this blog because this is how I make my living. I am not some millionaire who decided I wanted to do something to make extra money or some charitable fund to write off on my taxes. If I had to pay even 5% of my bonds I would be in the Poorhouse and homeless. This is why we have co-signers. People who are responsible for helping those who are in need be responsible. It is a necessary cushion just like in the loan business. And to tell the General Public that they are not responsible for paying the bond bill is akin to telling a renter they don’t have to pay the landlord, telling someone they don’t have to pay off their bank loans, or telling someone they don’t have to pay their light bill or their phone bill or pay for their groceries. it boils down to insurance fraud and Theft. but as a blogger I’m sure you’re not worried about that because you don’t take on however many hundreds or thousands of dollars worth of liability when you post something like this. I do. I do it to help people and to sustain myself. In this blog you’re not helping anybody. not even the mother of man who didn’t go to court.
Wow. I don’t think we want to go into details about the unethical attorneys out there. I think it is disgraceful to write a piece on a particular industry in such a negative light. Most bondsmen act within the laws and conduct business in a professional manner.
First of all thank you Terence for allowing me to weigh in on this post. As a active bail bondsman for the past nineteen years I have read about several police officers, bail bondsmen, and even attorneys abusing their “power”. The example you have given is unfortunately one that comes from a inexperienced bondsman.
When a client fails to appear in court a forfeiture notice is issued by the clerk of court in that county to the school board attorney, district attorney, and the surety company/bondsman. From the date of that forfeiture that surety has 150 days to resolve that case or else they have to pay the full amount of that bond, in your example $5,000. The ways in which that case can be resolved are
(1) Rearrest of the client and having that case warrant served.
(2) Recall of the case by a attorney in court.
(3) Show proof that the client was incarcerated at the time he/she was to appear in court
(4) Show proof that the case has been resolved within that 150 days.
(5) Show proof that the client has died within that 150 days.
As you can see we as bail bondsmen are under pressure to resolve the situation but there is time to be sensible about it. You must also understand that this is usually not the only forfeiture that bondsman is dealing with and time management is a necessity. A good bondsman will try to contact the client immediately after a forfeiture is received to resolve the matter calmly because people can honestly miss a court date. If the client can not be located then you have to contact the cosigner but again calmly. The bondsman should not threaten them but they can remind them that they have cosigned and may be sued in civil court for the full amount of the bond after that bondsman has payed the bond to the clerk of court in that particular county. Remember you came to that bondsman for a loan! If you fail to pay off the note on your car loan does the bank just let it go? I don’t think so.
One thing that you mentioned in your article you said that “they have ABSOLUTELY NO FRICKIN’ POWER WHATSOEVER TO ARREST ANYBODY, PERIOD!!!!!!” This is NOT a true statement. Bail bondsmen have the right to arrest/surrender under statute§ 58-71-20. Surrender of defendant by surety; when premium need not be returned.
At any time before there has been a breach of the undertaking in any type of bail or fine and cash bond the surety may surrender the defendant to the sheriff of the county in which the defendant is bonded to appear or to the sheriff where the defendant was bonded; in such case the full premium shall be returned within 72 hours after the surrender. The defendant may be surrendered without the return of premium for the bond if the defendant does any of the following:
(1) Willfully fails to pay the premium to the surety or willfully fails to make a premium payment under the agreement specified in G.S. 58-71-167.
(2) Changes his or her address without notifying the surety before the address change.
(3) Physically hides from the surety.
(4) Leaves the State without the permission of the surety.
(5) Violates any order of the court.
(6) Fails to disclose information or provides false information regarding any failure to appear in court, any previous felony convictions within the past 10 years, or any charges pending in any State or federal court.
(7) Knowingly provides the surety with incorrect personal identification, or uses a false name or alias.
This does NOT apply to the cosigner! This cosigner has entered into a contract that can only be enforced as a civil matter. But, depending on the nature of the relationship between the cosigner and the client(defendant) the criminal charge § 14-259 Harboring or aiding certain persons can be used against the cosigner.
The bottom line to take away from this is that The United States bail system came from a system that began in England during the Middle Ages. In 1677, the English parliament passed the Habeas Corpus Act, which established that magistrates would set terms for bail. This is a system that has been proven to be the most cost effective form of release before a persons trial that does not dig into the taxpayers pocket. Do not let the actions of a few bad bondsmen determine the views on all bondsmen. If you have any questions call us or contact the North Carolina Department of Insurance (NCDOI)
You want to hear what we have to put up with? Lawyers tell their clients that if they don’t want to go to prison then they should not show for court. I have put up with this for 30 years. When i bring little Johnny back from Alabama he tells me his lawyer told him no one would bother him out of state. Guess What?? We have arrest power and travel from state to state. Your article is clearly not the norm in our industry. I usually remind the indemnitor what they signed and that I will take them to court. I do this and have never lost. We have the right to break and enter the Defendants given address and search for him, so You should advise your clients of this. Your sounding like these Hillary voting liberals that are rioting and crying all over the nation today. And about our fancy guns. I carry for my protection, I never pull it out, they will hear it before they see it. Now a taser is a different story I will light their butt up if they resist or try to run.
The writer of this article did NO real research. If you tell these misstatements to a client, you subject them to unnecessary strife with their bondsman.
The signer (obligor, indemnitor) is made fully aware of their financial AND dutiful obligations, which includes(but not limited to) request for BAIL IMMEDIATELY UPON FORFEITURE and their cooperation in maintaining the whereabouts of the defendant. If that person does not want the responsibilty, DON’T SIGN.
Bondsman carry the right enter a dwelling, business or other place to recover any defendant that violates the CONDITIONS OF RELEASE. It is supported by Statute. If money is collected against the bail, the OBLIGOR/SIGNER may request to be reimbursed ONLY if defendant is recovered prior to payment of judgment. Otherwise, a remission may be filed at the discretion of the bondsman.
The ONLY time an OBKIGOR should receive consistent/insistent request for payment is when the OBLIGOR is being uncooperative, usually because someone unfamiliar with BAIL industry tells them improper information. Otherwise, payment of the BAIL is negotiate to avoid financial loss to the bondsman. BAIL BONDS ARE NOT FAVORS.
Get your facts straight before you cause harm to your client’s property, their family property or some member of the family who believes we don’t have the rights to enter and arrest a defendant. Remember, improperly legal advice leaves YOU vulnerable to legal actions against you from all affected parties.
First thing I found when looking up this lawyer/blogger:
Professional misconduct:
This lawyer was disciplined by a state licensing authority.
Reprimand issued in NC, 2002
Hypocritical maybe?
And BTY Insurance Companies only pay bonds when the bondsman defaults on the payment. They take a risk as to the bondsman over-signing bad bonds but its up to us to pay. hmmm Professional misconduct. Well talk about calling the kettle black. You should not condemn a whole business because of the actions of one. Sounds like you got a beef with a bondsman. What he wouldn’t sign your bond.
ROFLMAO # scorned lawyer. this is like talking to a hillary supporter
As someone that has worked in the bonding industry for 20 years I find your post to be a great disservice to the readers that may not understand bonding. It seems that you have targeted bondsman for what you believe is unfair treatment of cosigners and defendants due to an arrest. In your example you discussed a $5000 bond. In that case a bondsman will usually charge 10% as the premium fee so the out of pocket expense would be $500.
Bail is a part of the criminal justice system and a constitutional right just as a defendants right to a lawyer. What you fail to tell your readers is that when a bondsman accepts the responsibility of releasing the defendant, that bondsman guarantees to provide a positive outcome. The second part of the monetary price of getting arrested is to hire a lawyer who will not guarantee an acquittal. In addition to that lack of a promise of an end result, lawyers will often charge more in legal fees than the full amount of the bond. If a lawyer is not paid in a timely fashion they will often file a motion with the court to be released from the case leaving the defendant helpless and broke. The lawyer will not return any of the previously paid money from the defendant or their family and they simply walk away.
You state that “you gotta pony up the amount of the bond kinda like a “security deposit”; you don’t come to court, and -eventually- the money is forfeited”. The last time I checked most lawyers will not accept a private client unless they supply a retainer to the firm. That retainer is also “kinda like a security deposit” and legal representation will not start until it is paid in full.
You also discuss when the court issues a bond forfeiture notice that the bondsman runs to the cosigner and demands the full amount of the bond. You again fail to tell the readers the full story. At no time does a bondsman force someone to cosign on a bond and the cosigners are informed up front that they are responsible for the fees if the courts issue a judgement absolute. Do the men and women that work in the industry carry firearms, yes of course we do since we are operating in an element where we are sometimes looking for people that will try to hurt us. I did notice that you focus on how it is a civil matter and state “being very rude and flashing his tin bondsman badge and fancy gun around”. I will just have to assume that you also have an issue with a sworn deputy sheriff showing up at a residence with his “fancy gun” just to exercise an eviction notice (which is also just a civil matter). That deputy is not enforcing any laws during the eviction he is simply enforcing a court order based on “contract law”, should he/she be unarmed?
You seem agitated that a bondsman wants to be paid by the people that have guaranteed to do so if the defendant fails to appear. You also seem to have a small chip on your shoulder about bonding being like “expensive insurance” but fail to understand that a bondsman charges far less than an attorney and the bondsman actually guarantees the outcome (defendants release from jail).
The Other Bottom Line
Lawyers drop non court appointed clients who do not pay the fees.
Lawyers charge more than bondsman and do not guarantee the end result
Lawyers charge “security deposits” as well, they just use the term retainer instead.
More lawyers are disbarred each year than bondsman are arrested or closed down.