Q: How should I go about signing a legal document where someone I bailed out of jail will return my money?
The date they will receive a check for my money is in about 3 weeks. They are willing to sign a legal document stating they will return the money as soon as they receive it. If this person is already being garnished for a different case what is the chances of me receiving if they do not pay after signing the document? Legally when you bail someone out of jail the money becomes theirs but this person promised me to return it and I just want to do all I can to make sure they do pay me.
A: If you have a written contract, it may be easier to have the Court's assistance in enforcing the terms of the contract if the other party breaches the agreement. The are a number of ways to protect yourself when you loan someone money, such as a promissory note or collateral.
It is possible that the bond money will never be returned to the defendant, such as due to failure to appear, court fees, or liens. Thus, proceed with caution in loaning this type of money.
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