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Member |
Can someone point me to the right direction for unclaimed cash and surety bonds? This money is just sitting around. i would either like to give the monies back to the person or just forefeit it to the county. | ||
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Member |
Lurking around in the recesses of your law library might be a 5 volume three ring notebook called "Texas Prosecutors Trial Manual". They are beige. There is a section on Bail Bonds. You might read there for a start. This area of the law does not move very much over decades. The article is 25 years old but a bit of research will probably indicate very little in the way of appellate decisions in the last 25 years in the bail bond area. I think that cash bonds are handled in the same manner as surety bonds except without citation to sureties. Good luck. John H. C.A. Hansford Co. | |||
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Member |
There are few exceptions to this but you did not get your premium back that you paid to the bonding office.This fee is what allowed the defendant to get out of jail and is fully earned once the defendant is out of custody. For example if the defendant gets rearrested a week later you get no portion nor a refund of any money. If the Bail Bondsman fails to live up to his end of the contract then and only then you may be entitled to a refund of some kind. richard | |||
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Member |
We had a bunch that were going to escheat to the estate because no one claimed them. We first checked to make sure there was no money owed for fines/restitution on any criminal cases. if there are, you can collect that money the same as you would in a civil matter. I have the clerk with the judgment issue a writ of execution to the clerk holding the cash bond and we take it. You can only forfeit if he missed a hearing and that's a completely different process. | |||
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