Can I sue someone I posted bail for?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue someone I posted bail for?
I posted bail of $3500 for someone, which was 10% of the full security amount owed. In order to not be liable for the remaining $31,500 should he jump bail, I put the money into his inmate account so that it qualified as “self-bail.” After the trial, of the $3500, he was refunded $3000 and he refuses to pay me back. Do I have a reasonable chance of winning a case if I take him to small claims court?
Asked on September 16, 2010 under Bankruptcy Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If someone took money or other property belonging to you, you could sue them for its return (and possibly also report to the police). That's the law. An issue here may be showing that it was your property:
1) If it was in his account, the presumption may be that it was his money; you'd have to provide evidence that you provided the funds.
2) Even if you show that the funds came from you, if they were a gift, then they became his...if he claims you gifted them to him, you may need evidence to show that in fact you did not.
Therefore, in principal, the law should be on your side. However, the facts--showing that it was actually your money under the circumstances of it being in his account--may be difficult.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.