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, 2013My 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.
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
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
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
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