Coeur d'Alene, ID asked in Real Estate Law for Idaho

Q: I used my property to bail out my son on a $100,000 bond.

Now that he's been convicted and incarcerated, do I need a lawyer to get a release or can I do this myself ?

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Contact the Court Clerk that you put up as the Beneficiary of the Bond. If you made a private mortgage, then you can ask the mortgagee to release, but it may cost you money. Sometimes a Declaratory Judgment Action is needed to remove the Lien.

Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: I agree with Mr. Avery. The "bond," is a guarantee that your son will appear in court. Once that "condition" is fulfilled, the bond, whether cash or property will / should be returned within a couple of weeks to 30 days. If you haven't heard anything in a month from the Clerk, then as Mr. Avery advised, please contact the Trial Court Administrator, who is the head of the Clerk's Office. You should be able to find their number if you google it. Good Luck to you!

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