Can my bail bondsman take me to jail for non payment? 6 Answers as of September 23, 2011I was arrested a couple months ago and a friend bailed me out when he found out. When I went to court a couple days later, the District Attorney dismissed my case and no charges were brought against me. The same day I tried contacting my bailbondsman to inform him what whas going on and to bring him the letter of dismissal, I couldn't get a hold of him. Unfortunately, I have not been able to make a couple payments and last night he came into my work with one of his partners yelling, cussing and threatening to take me to jail for not paying him. Can he take me to jail for nonpayment? Is what he did legal? Any advice would be greatly appreciated, thank you for your time.
Law Office of Joseph A. Katz | Joseph A. Katz
No, what he did is extremely unethical and illegal. Do not complain if you do not file a formal Complaint with the California Department of Insurance. There islittle real regulation of bail bondsmen, but it is a shame that more people do not complain about the outrageous shenanigans and fraud that some of them engage in on a routine basis. From embezzling vehicles to "capping" (illegal referrals (read "kick-backs") or directed calls from the jail stafforwith attorneys, it goes onin just about any County you can name. If more people complained, there would be more regulation. You can file a Civil Harassment Order (CHO) on the guy to keep him away from you (like a Restraining Order, but for those not in a domestic relationship). You will get it, too, if he came into your work. Once the bond is exonerated, all he has against you is a civil lawsuit for breach of contract. There was no way he could legally arrest you, and you should be very detailed about that and his conduct at your work in the Declaration you prepare for your CHO. Be sure to include his sidekick.
Answer Applies to: California