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  1. #1

    Default Can You Sue for Bail Money That Became a Purge

    My question involves court procedures for the state of: Texas

    First of all, I know I'm stupid, and I learned my lesson...

    In April, I bailed a friend out of jail (cash only bail) who was being held for contempt of court for owed child support from another county. I bailed him out for $4100, and he agreed to pay me back. I called his family, talked to his sister, and his dad who agreed to be the guarantor. Obviously things were a blur and we moved fast to get him out of jail before he was going to be transferred to a county 500 miles away. Ultimately, I bailed him out, he agreed to pay, and I wrote up a document for him to sign. Of course, he did not sign it and actually cut off contact with me (even though we work together). When he went to court, he told me his baby mama dropped all back charges on the child support.

    I waited my 8 weeks waiting for a refund, not knowing the process. After tons of phonecalls and misinformation, I found out that wasn't true and my $4100 went to the state to be paid for his back child support. I talked to his baby mama over Facebook and she said that was true, and they told her and my "friend" that.

    I do know people that could vouch for my statements, like my "friend"s best friend, but I know he would turn against me in court and I'm not willing to put other friends on the stand for me. Also, the defendant's best friend has a record which hopefully could decrease his credibility if it ever went to that point. Plus, these two dudes are the only ones that were there when I agreed to pay the cash only bail. I have plenty of text messages between me and his sister/baby mama that make it obvious he agreed to pay me. I know a verbal agreement is upheld in Texas but I'm still nervous about filing. Obviously, no one in their right mind would believe a college student just gave someone $4100 without expecting it back, but will the court?

    Another problem. In Texas, I know you need the defendant's address to serve him. Since this all happened, he got divorced and last I heard, he is staying with his best friend (I have his address) but I don't even think he has a permanent address. If the papers are served there, I hope he gets them, but what can I do if the defendant doesn't erally have an address? I could try to find out where his ex-wife and kids live -- I hear he is there a lot -- but I would not even know where to start.

    The only law experience I have is watching Judge Judy as a kid and she yells at you whenever you say that someone else said something, and requires evidence. I don't know if this guy will completely deny I owe him anything in court. I am okay right now without the money, but I need it back. I have contacted the Sheriff's office to get a copy of my bail receipt, and I have plenty of screenshots of conversations between me and the defendant's family, many of which are incriminating to his character, but none between me and the defendant. Ultimately -- what do I do now? Do I have a case? Would I be wasting my time?

  2. #2
    Join Date
    Sep 2010

    Default Re: Can You Sue for Bail Money That Became a Purge

    Understand Judge Judy is NOT a real court, it's a TV circus (reality TV isn't). She's not obliged to, and often does not, follow the law.

    You can certainly try suing him in small claims court arguing you had an agreement that this is a loan. Verbal is fine, any additional documentation is fine.
    The problem is, if the guy is truly a deadbeat, your court victory may be pyrrhic. If he can't pay you, he can't pay you. A judgment will not change that.

    You should list the last known address (doesn't necessarily mean a permanent address) of the defendant. You are going to pay the sheriff in the county he is residing in to serve him.

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