Can a Bail Bonds company sue the co-signers if the person that the bail was set for is now deceased? 16 Answers as of June 12, 2013

My son was incarcerated in the end of March 2012. Myself, his girlfriend and a few of her friends co-signed with a bail bonds company to get him released on or about April 19, 2012. On June 29, 2012 my son was killed in an auto accident and now I am still currently paying for funeral expenses. Now the bail bonds sent me a collections letter to my home asking for $7000, but the bail that is left is only $5000. As of today the other co-signers received letters in the mail indicating that if they do not contact them that in 36 days everyone's paycheck will be garnished. Is this legal if my son is deceased. When the bail bondsman contacted me he only asked if I was his mother and was he deceased, then he proceeded to say that he needed a copy of the death certificate which I provided. Then about a few weeks later I received a collections letter in the mail from a lawyer.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer, but generally co signers are liable if the principal does not or cannot pay. However, you should hire an attorney to see what can be done.
Answer Applies to: New York
Replied: 10/5/2012
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
Yes, as a cosignor you are responsible.
Answer Applies to: Michigan
Replied: 10/1/2012
Steven Alpers | Steven Alpers
If you promised to pay then they can collect. This is a contract and the payment is due even if the charges are never filed.
Answer Applies to: California
Replied: 9/28/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
What happened to the bond the company posted? They should be able to go to the court with proof of death of your son, and collect their bond back. Any monies you have paid in should be refunded to you upon refund of the bond to the bail bond company.
Answer Applies to: Illinois
Replied: 9/26/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
The individual(s) who agreed to pay the premium for the bond is/are responsible for paying it, no matter what happens in the case. The premium is usually 10% of the bail. If you agreed to pay the premium, you owe this money regardless of the fact that your son tragically died before the case was over. If you merely agreed to guarantee payment if your son defaulted, you may have some recourse.
Answer Applies to: California
Replied: 9/26/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Yes. You co signers guaranteed payment of the bond. You're all on the hook.
    Answer Applies to: Michigan
    Replied: 6/12/2013
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A bail bond is a contract for a certain amount. Even if the person bonded dies, the co-signers are still responsible for the payment of the contract.
    Answer Applies to: Kansas
    Replied: 9/26/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    This does not sound right. You need to at least consult a local attorney and take the relevant paperwork with you to the consultation. Perhaps it can be either cleared up or explained to you.
    Answer Applies to: Florida
    Replied: 9/26/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Sounds like you may have to fight to prove the matter. If your son died then the bond would have been returned.
    Answer Applies to: Nebraska
    Replied: 9/26/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If his fee was not paid then he has a right to collect it from the guarantors.
    Answer Applies to: Michigan
    Replied: 9/26/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain a civil lawyer to investigate the facts and circumstances, read the contract, call the bondsman, research the law, and advise you of your legal options. I do not have all of the facts and circumstances and would have to read the contract before I could tell you if you are legally obligated to pay or if they can get a judgment in order to garnish your wages. If he jumped bail and the money was taken before he died then you are probably liable for the debt jointly and severally with the co-signers. The bondsman could collect it all from one person or a part from each.
    Answer Applies to: New York
    Replied: 9/26/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course. That's what co-signers are for! Like when the signer flees or dies.
    Answer Applies to: California
    Replied: 9/26/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Once your son was deceased the bond was cancelled. The only way that I could see for you to be liable would be if a balance was owed on the original premium on the bond and you signed to be liable.
    Answer Applies to: Alabama
    Replied: 9/26/2012
    Mary W Craig P.C. | Mary W Craig
    If you and other people signed a contract with the bondsman, you still owe him the contractual amount you signed for. Even though the bondsman is no longer responsible for the total amount of the bond, you made a contract and you have to honor it just like you would if you signed a contract to buy a television for your son and then he died. Even though your son no longer gets the benefit of the bond, you are responsible on the contract.
    Answer Applies to: Alabama
    Replied: 9/26/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes, because you entered into a contract with the bonding company, your obligation survives the unfortunate death of your son.
    Answer Applies to: Washington
    Replied: 9/26/2012
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