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Earth_First Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:24 PM
Original message
Collecting posted bail...
The long story short is that a close friend of ours was arrested in New York City last year...

His case has been thrown out with others, and we have been informed through correspondance with the District Attorney's office that we may collect our post with the proper documentation, i.e. the receipt that was handed to us when we posted bail. The unfortunate situation about it is, in the last year since, it has been misplaced one way or another, and we are being told that without this, we are S.O.L.

So our question is, what are the legal options that we have in New York in collecting this? It is a substantial amount of money that we really could use at the time. Can anyone advise us as to what our options may be?

THANKS in advance, DU!
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:25 PM
Response to Original message
1. Same situation in AZ. Must have or SOL
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northzax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:26 PM
Response to Original message
2. well, they have to return it to somebody
maybe they'll return it to your friend, since they have a record that it was paid, and is now due? and he can remit it to you?
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Earth_First Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:27 PM
Response to Reply #2
3. Certainly he could...
however, is this an option? I am having a great deal of trouble googling this kind of stuff and have no idea what can be considered options in collecting this...
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northzax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:32 PM
Response to Reply #3
8. can I ask, how did you pay it?
with cash or some other sort of payment? I would be tempted to call a criminal attorney in New York, ask for fifteen minutes of his/her time (it'll cost you) and ask their opinion.

or, you could try legal aid in New York. Or the Bar Association.
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Earth_First Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:39 PM
Response to Reply #8
11. It was paid cash from the nearest ATM...
what are we talking as far as consultation fees on something like this?
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northzax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:46 PM
Response to Reply #11
12. 15 minutes of a lawyer's time?
maybe a hundred bucks. with no guarantee of success. Ask them. Call the Bar in New York and ask for a referral to a lawyer who is familiar with bond issues. then ask upfront.

one more, did you pay a court or a bondsman? if you paid the bondsman, you are likely out of luck without a receipt, you might have success with a court. They have a record of it, after all, bond payments, and who made them, are public record. It must exist somewhere.
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MsTryska Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 05:33 PM
Response to Reply #11
18. wait - you posted the entire bail with cash?
or did you go to a bail bondsman and do the 10% down thing.


If you went to a bail bondsman maybe they have a record?
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:28 PM
Response to Original message
4. SOL
Without the receipt, you don't get anything.

Sorry.
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Earth_First Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:29 PM
Response to Reply #4
5. Figures,
I wonder what kind of revenue is generated from this sort of situation(s)


...and where it goes.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:31 PM
Response to Reply #5
7. To tell you the truth,
this is the first time I've ever heard of someone losing their bail receipt.

I'm so sorry. I wish I could give you better information, but it's really that cut and dried.

But, thanks for your effort and thanks very, very much for your sacrifice.
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MsTryska Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:30 PM
Response to Original message
6. Wow - well take it as a lesson learned.....
if there's one thing i don't lose - it's papers from the bail bondsman.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:32 PM
Response to Reply #6
9. HAHAHAHAHA!!!!!!!!!!!!!!
Spoken like a real pro.

You get The Pussycat for that one ~ ~ ~ ~ ~ ~ ~

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Earth_First Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:38 PM
Response to Reply #9
10. Glad that was amusing to you...
I'm not trying to sound sour over bad news, but this is hardly the thread for jokes and amusing anectdotes...
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annabanana Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:50 PM
Response to Reply #10
14. it's not funny, we know that...
(the joke is in that some of us have been there before).. I hope you have some luck getting this mazuma back.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:53 PM
Response to Reply #10
15. Well,
I disagree. That post from the person who never loses bail bondsman receipts was funny. If you didn't think so...................don't laugh.

You have every right to be pissed about the carelessness that's costing you money. I understand.
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MsTryska Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 05:30 PM
Response to Reply #9
17. *lol* to be honest .....
I HATE posting bail. I hate the very idea of it - imo, in most cases - too bad so sad. However - i will do it - happily if it's soemthing like getting arrested at a demonstration, and very grudgingly if it's for something like a suspended license.


I did that for my ex once - and he then proceeded to get arrested 2 or 3 more times for the same damn suspended license in the space of a month.

The second time i told his friends what they had to do, the third time, i just didn't accept the call.

But like i said - i hang on to that paperwork - it's something my first bailbondsman told me very clearly - the ONLY way i was going to get my money back was by keeping that paperwork.

Abtw - that pussycat is hilarious.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 05:38 PM
Response to Reply #17
21. As they tell you at the time,
that paperwork is the same as your cash.

You're far nicer to your ex than I ever would have been to mine. Although I did offer to deliver a stirring eulogy for him if he'd just make me a widow.

Imagine. He didn't think that was funny, either.

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MsTryska Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 05:44 PM
Response to Reply #21
22. *lol* that's pretty cold......
to be honest - i think i might have been too nice. I did get my money back, but from one of the other ones, apparently he never showed up to court or soemthing, because i had a warrant officer knock on my door at 10pm one night, months later. She then proceeded to search my house looking for him. I was so angry at that.



but i suppose it could be worse - 5 years later (today) - my supervisor is a former coworker of his, and fellow mason - He asked if i knew the whereabouts of the ex, because he still owed him $150 bucks from one of those bailouts. I told him to take it up with the lodge.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 05:49 PM
Response to Reply #22
23. You were 'way too nice
There's a lot to be said for the advice I got when I was a client, and which I passed on to friends and clients later, as an attorney:

"When it's over, let it be all the way over."

Thanks for the laugh, though.
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MsTryska Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 05:54 PM
Response to Reply #23
24. That's great advice....and I pretty much
live that way now - but man - when you are in your 20s you are stupid! that's your job i think.


and i'm glad i got you to laugh, that's always good. :)
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 05:34 PM
Response to Reply #9
19. OMG can I have a cat like this? because I already stole him.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 05:36 PM
Response to Reply #19
20. Tell you the truth ................
I'd be mighty upset if you DIDN'T steal him?

Want the downhill skiing squirrel, too?

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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 06:27 PM
Response to Reply #20
25. OMG yes must have! Thank you!
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Loonman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 04:47 PM
Response to Original message
13. That's the way the cookie crumbles, my old man would say
Sorry, yer SOL.
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TNOE Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-02-05 05:18 PM
Response to Original message
16. Is NY online?
Generally - all documents are online - and if bail was posted - you should be named as the "postee" - in which case you would just have to prove who you are (by license) and it should be returned. See if you can get on the New York County's website. In Cincinnati - all our documents are on line - and I imagine NY would be way ahead of us.
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