Can I file a Civil Lawsuit against a person I helped bail who eventually failed to appear and refuses to co-op?

Question by xapryl: Can I file a Civil Lawsuit against a person I helped bail who eventually failed to appear and refuses to co-op?
I had a friend who got arrested for “no proof of insurance” and “driving without a license” (he is 31). He went to jail because of those things and a prior warrant for arrest for a previous “driving without proof of insurance” almost 3 years ago.

He had the money to bail himself out but needed someone to vouch for him obviously. I was ill informed by the bail bond company on just how responsible I was for him completing all of his responsibilities – but that’s why they always say “don’t sign without reading” –

So he shows up to both court dates, he starts to pay fines and then the judge requests him to keep coming in every so many months to follow up. He never returned again. He fled to California. (this all started in Nevada)

Meanwhile he kept telling me that everything was in order – basically lying to me that he had been following up on all of this and was in good standing. (I got a new phone as a present from my parents and obviously a new number. The Bail Bonds company weren’t able to call me but sure enough….

A few months later my car was repossessed. I found out and tried to get in contact with this guy who fled. He kept telling me he would get it taken care of. A week later nothing.

They took my car on May 8th. I have been without a car since – and unemployed because it just so happened that my car was taken right after I was laid off from my job. Because of the timing I also had to quit my classes at college because I had no one to give me a ride, nor the money for a cab, and the bus schedule won’t allow me to get to class on time so I missed all my finals. I am having a horrid time finding a job and even if I do, I fear my wages would be garnished to pay off the bail bond.

So now I cannot get my car back until he either shows up and goes to jail, pays off the bail amount that is owed to the bail bonds company or I do. Since I have no job and own nothing else… I can’t pay it off myself. My car is not worth anything since it’s just an old 1999 Neon… barely worth 800 bucks.

I even got in touch with his new wife in California and tried to urge her of this importance. She is unwilling to cooperate and neither is he. So…

My question obviously is… Can I file a Civil Lawsuit against him for punitive/compensatory damages, emotional distress… etc?

Best answer:

Answer by Krystal♥¸.•*¨)¸.•*¨
You possibly can, however, you did sign for him in good faith. Which shows lack of judgment on your behalf. You should never post someones bond unless you are 100% faith full in them meeting their obligations as well.

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2 thoughts on “Can I file a Civil Lawsuit against a person I helped bail who eventually failed to appear and refuses to co-op?”

  1. You don’t have a case. . The car was taken as a result of a contract you signed. Think of it this way: He was the circumstance, but you were the cause.

    If it makes you feel any better, if you could have, did, won, got a judgement against him for $ 10,000 what you’d have is…a piece of paper saying you won. The court does not do the collecting on a civil judgement. He would owe you money, but he can’t be assersted for not paying. ‘Member OJ? Nicole Brown’s family won a huge civil suit but they were never able to collect from him. Not that I’m comparing the slaughter of their daughter to your immense grief over an $ 800 car and an unproductive phone conversation with his wife.

  2. my feeling is that you are a co-obligor because you signed for him. That makes you jointly and severably liable for the amount due. They can go after either of you for the amount and of course, since you are local it is much easier to go against you.

    You can file a suit for actual damages you have recieced. File it in Nevada, that way he will have to travel there to answer to your claim. If he travels there, you can let the bailiff know he has a warrant and he get picked up on the spot. If he does not show up then you automatically win in the civil suit because he didnt show.

    UPDATE: I just spoke with a friend that was a state attorney for several years and he believes that I am correct.

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