What rights doIi have as a person who posts bail for someone else?

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What rights doIi have as a person who posts bail for someone else?

Posted bail for a friend who is now getting married and is telling me she will take the money and keep it when the courts pay her back.

Asked on July 12, 2011 under Bankruptcy Law, Nebraska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Hopefully you have a written agreement spelling out the specific terms of the dollar amount you posted for bail for your friend, when it will be paid, any interest rate and hopefully security (collateral such as a somthing of equal value for money loaned) for the loan/bail signed and dated by your friend.

Essentially posting bail for a friend is loaning money to the friend as a guarantee with the court that there will be all appearances for court and no flight risk. If you personally posted bail with the court, there should be documents stating that you posted bail and you should get the money back directly.

However, if you gave the bail money yo your friend and she posted bail, then essentially you are at her mercy to pay the bail money back to you when and if it is returned to her. If you do not have a written agreement with her for the bail money's return to you signed and  dated by her, you should get such an agreement in place sooner rather than later.


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