bail?

[jribe]

I have a question that hopefully someone can answer...

My husband's brother was jailed last year and he asked my husband to bail him out.

My husband went to a local bail bond's place and signed the bail with his brother. We put down $1000. The rest of the bail amount is $5000 (bail was 50k).

His brother isn't always on time on the payments. We've received calls about 5 times in the last 12 months about non payment- and we had to make it.

Is this something that could be discharged in BK7? I'm really worried about filing, and then his brother just stops paying the bail. I don't want to be stuck.

FYI- The brother's court case was dismissed.. But obviously he's still liable for the bail...

[AngelinaCat]

This sounds like your husband essentially co-signed a loan with his brother. Brother is expected to make the payments. Am I right so far?

[jribe]

This sounds like your husband essentially co-signed a loan with his brother. Brother is expected to make the payments. Am I right so far?

Yes. But honestly- the brother is really unreliable. I didn't like that my husband bailed his brother out at all because i knew it would put us in a bad situation..

So since he's a cosigner would it not be able to get discharged? His brother is getting back into his old ways; and i wouldn't be surprised if he gets put in jail again within the next year. He just doesn't learn.

[AngelinaCat]

Yes. But honestly- the brother is really unreliable. I didn't like that my husband bailed his brother out at all because i knew it would put us in a bad situation..

So since he's a cosigner would it not be able to get discharged? His brother is getting back into his old ways; and i wouldn't be surprised if he gets put in jail again within the next year. He just doesn't learn.

I would think that it can be discharged, but I am not really familiar with bail, and I, unfortunately, understand about delinquent brothers-in-law! 'Hub is visiting his Bro now. 'Nuf said about that!

Anyway the only I really can answer the question is to relate our experience with co-signing a loan.

An acquaintance had fallen on hard times and we were trying to help him out. He wanted a new car and found one, but because his credit was toast, and ours was 'golden', 'Hub agreed to co-sign a loan. This man made his regular payments for several months, then started falling behind. Finally he stopped paying altogether.

Since the loan holder was coming after 'Hub, 'Hub made this man surrender the car. We found out later that he had somehow w/o our knowledge, refinanced his note several times to the point that he was 19K upside down on a car worth only about 6K.

The car was surrendered, and sold at auction for about 6K. We were responsible for the difference of 13K for a car we never owned, or drove, or even sat in.

The lawsuits started to come in at about the same time we were getting ready to file. We filed. The suit stopped as far as we were concerned, but the other party has a judgment of 13K against his name. This debt was discharged in our BK.

Now bail money might be handled a bit differently. That part I don't know. I will keep my eyes open on your behalf for anything I might find.

Good wishes to you ~~~

[jribe]

thank you for the replies; you always have good information!

I would think that it can be discharged, but I am not really familiar with bail, and I, unfortunately, understand about delinquent brothers-in-law! 'Hub is visiting his Bro now. 'Nuf said about that!

Anyway the only I really can answer the question is to relate our experience with co-signing a loan.

An acquaintance had fallen on hard times and we were trying to help him out. He wanted a new car and found one, but because his credit was toast, and ours was 'golden', 'Hub agreed to co-sign a loan. This man made his regular payments for several months, then started falling behind. Finally he stopped paying altogether.

Since the loan holder was coming after 'Hub, 'Hub made this man surrender the car. We found out later that he had somehow w/o our knowledge, refinanced his note several times to the point that he was 19K upside down on a car worth only about 6K.

The car was surrendered, and sold at auction for about 6K. We were responsible for the difference of 13K for a car we never owned, or drove, or even sat in.

The lawsuits started to come in at about the same time we were getting ready to file. We filed. The suit stopped as far as we were concerned, but the other party has a judgment of 13K against his name. This debt was discharged in our BK.

Now bail money might be handled a bit differently. That part I don't know. I will keep my eyes open on your behalf for anything I might find.

Good wishes to you ~~~

[AngelinaCat]

thank you for the replies; you always have good information!

Thank you. I try to be as accurate as I possibly can. I am a Reference and Research Librarian by profession, so it goes with the territory.

Question: Did DH have to sign over any collateral for this bail, or did he have the money abailable? I don't know if that makes a difference or not.

[jribe]

Thank you. I try to be as accurate as I possibly can. I am a Reference and Research Librarian by profession, so it goes with the territory.

Question: Did DH have to sign over any collateral for this bail, or did he have the money abailable? I don't know if that makes a difference or not.

We had to give them $1000 cash up front- but didn't sign anything for collateral.

[AngelinaCat]

We had to give them $1000 cash up front- but didn't sign anything for collateral.

Well, as far as I know, you should be okay, but as I said before I do not know how bail matters are handled.

I am working on a reply to your 'Judgment Proof' question, but it won't be ready until *dang* -- I just realized it is 1:30 AM my time -- I was going to say tomorrow, but that is irrelevent now.

Sometime later TODAY, it will be ready and I'll post it.

[krielly]

A little googling goes a long way:

http://www.uslaw.com/library/Crimina...hp?item=237684

http://www.stayviolation.com/2008/09...ond-guara.html

k