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  1. #1
    Join Date
    Jan 2011
    Posts
    5

    Angry How Do We Recover the Bail Money

    Posted a bail of $5000 cash (no bondsman) in NJ to get a family member out on bail for outstsnding dmv warrants but he missed the first court appearance few days later. the courts sent all his notices to his old address which he was not aware of and so he failed to appear in court. but he appealed to the judge later and explained to them that he wasn't properly notified but they still forfeited all my bond money. we need to hire a lawyer but need to know how the forfeited money can be recovered. the address situation is corrected and he will go to court every time until the matter is resolved.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,530

    Default Re: How Do We Recover the Bail Money

    was his old address what was on his license? Had me moved and failed to change the address on his license?

    If so, there is no reason to return your bail money.

  3. #3
    Join Date
    Jan 2011
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    5

    Default Re: How Do We Recover the Bail Money

    Yes there was invalid address on his license that was from another state. But he did contact the courts shortly after he got out to give them the right address. he missed his first court date but he went to court every time thereafter. So basically he missed the first court appearance but he did show up the next time within the 30 dys as required by law to get the bail reinstated, but my bail money was still forfeited because he missed the first initial court appearance. we know the courts are hungry for money and they don't care about you but do i not have a valid claim to my money if he is going to court every time? SO what can we do to get the bail reinstated??

  4. #4
    Join Date
    Jan 2006
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    38,530

    Default Re: How Do We Recover the Bail Money

    SO what can we do to get the bail reinstated??
    You will have to prove the court had the proper address at the time they sent the first notices and as such, it was the courts failure to send the notices to the proper address. This is one of the problems people have when they do not update their license address.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: How Do We Recover the Bail Money

    Quote Quoting jk
    View Post
    was his old address what was on his license? Had me moved and failed to change the address on his license?
    The court does not investigate his address with the DMV if he fails to appear. His obligation is to update his address with the court. If he did not inform the court that they had the wrong address, the fault for subsequent notices going to the wrong address is his. From what I'm reading, he didn't update his address until after he missed his first court date and the bond forfeiture is predicated upon his having missed that court date. The court's lack of sympathy probably derives from the fact that the defendant originally, and quite possibly intentionally, provided a false address from his out-of-state ID.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,530

    Default Re: How Do We Recover the Bail Money

    Quote Quoting Mr. Knowitall
    View Post
    From what I'm reading, he didn't update his address until after he missed his first court date and the bond forfeiture is predicated upon his having missed that court date.
    the reason I asked about the license was this was due to a license situation. I was figuring they had recorded the address of whatever license he had and simply used that for his contact address. As to when the person gave a correct address, it isn't clear to me at all so yes, if they failed to provide a proper address, then it is on them and not the courts. If he had provided the court with a proper address prior to the notices and the court used the old license address, then it is on the courts. That is why I said OP had to prove the court had the proper address at the time the notices were sent.

    From what OP has stated, I do not know when, in the over all picture, the proper address was provided.

  7. #7
    Join Date
    Jan 2011
    Posts
    5

    Default Re: How Do We Recover the Bail Money

    Yes agree that there was a big confusion about his present whereabouts. But he did correct it and notified the courts where he lives. The big question still is: everbody makes mistakes but they should not be punished for coming forward to try and correct it. Isn't it illegal to confiscate my bail money because he failed to show up just one time?? he has been going to court regularly ever since until it gets resolved. I have seen the judges give second chance for people who don't show up for whatever reasons but when there is money involved, they manipulating the law so where is the justice here. I know there are so many others out there that might have been victimized by this unfair system curious to know what they can do to get their money back.......

  8. #8
    Join Date
    Jan 2006
    Posts
    38,530

    Default Re: How Do We Recover the Bail Money

    Isn't it illegal to confiscate my bail money because he failed to show up just one time??
    No. that is what bail money is for; to ensure you show up because you will lose it if you don't show up, even once.

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