Can a bail bondsman sue you?

if you don't pay the rest of the money to the bondsman, you will not be arrested since no case was filed. The bond company can sue you for the rest of the money, however, they cannot put you in jail.

You should carefully read the contract you signed with the bondsman to understand your rights and obligations. While you may have avoided criminal prosecution for your conduct, you should still seek to avoid a civil suit that could result by ignoring your contractual obligations.

The bondsmen might file a small claims action against you for balance.

if you don’t pay the rest of the money to the bondsman, you will not be arrested since no case was filed. The bond company can sue you for the rest of the money, however, they cannot put you in jail. Also, be mindful that criminal charges could be filed at a later date by the District Attorney’s office or the City Attorney’s office. If charges are filed they would likely send you a letter in the mail notifying you of the court date.

The Texas law specifies when someone is at “default on the bond” and can be legally initiated and done in cases like that:

Art. 17.11. HOW BAIL BOND IS TAKEN.

Sec. 1. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered;  but in every case, one surety shall be sufficient, if it be made to appear that such surety is worth at least double the amount of the sum for which he is bound, exclusive of all property exempted by law from execution, and of debts or other encumbrances;  and that he is a resident of this state, and has property therein liable to execution worth the sum for which he is bound.

Sec. 2.  Provided, however, any person who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as the person is in default on the bond.  It shall be the duty of the clerk of the court where the surety is in default on a bail bond to notify in writing the sheriff, chief of police, or other peace officer of the default.  If a bail bond is taken for an offense other than a Class C misdemeanor, the clerk of the court where the surety is in default on the bond shall send notice of the default by certified mail to the last known address of the surety.

Sec. 3.  A surety is considered to be in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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