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BrandonB
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Post subject: Advice to exonerate a bond subject in Mexico  Posted: Sat 02 Nov 2013 11:25 |
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| Posting Newbie |
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Joined: Mon 05 Nov 2012 23:58
Posts: 2
FRN Agency ID #: 0
Experience: < 1 year
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HI All, I have a 30,000.00 Forfeiture Bond in Mexico from California. I know where the guy is down there but positive the court will not extradite back to the U.S. Thoughts on getting the bond exonerated per 1305(g)???? Thanks in advance
Brandon
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SURETYRISKMANAGEMENT
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Post subject: Re: Advice to exonerate a bond subject in Mexico Posted: Tue 05 Nov 2013 14:44 |
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Joined: Thu 01 Dec 2011 03:49
Posts: 1182
Location: Los Angeles, California
FRN Agency ID #: 4013
Experience: More than 10 years
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I encountered the same scenario quite a few years ago. Approach the matter pursuant to California Penal Code Section 1305(g), just as you would if the defendant was located here in the United States. You might consider calling well in advance of your trip to make arrangements with the law enforcement authorities in Mexico, to ensure that things work out smoothly. The judge exonerated the bond that I was working on and I suspect that the judge will probably exonerate your bond.
_________________
Jason Pollock
Owner/Operator
Surety Risk Management
Los Angeles, California
(323) 786-FIND
"Approach is Everything."
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tsuggs
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Post subject: Re: Advice to exonerate a bond subject in Mexico Posted: Tue 05 Nov 2013 15:23 |
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Joined: Thu 09 Mar 2006 14:51
Posts: 3344
FRN Agency ID #: 3904
Experience: More than 10 years
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Recent appeal court cases were lost by the surety (bail agent) because they did not meet each and every requirement under 1305(g).
Be careful to get all the required documentation and that the law enforcement official in Mexico signs an affidavit in English. If it is in Spanish you may have to have that affidavit authenticated through the U.S. consulate or embassy.
The SoCal courts are getting very tough on 1305(g)s since there has been plenty of fraud in the past. Including fake deaths.
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ncbondsman13
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Post subject: Re: Advice to exonerate a bond subject in Mexico Posted: Sun 10 Nov 2013 23:41 |
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| Moderate Poster |
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Joined: Mon 16 Sep 2013 07:43
Posts: 158
Location: Johnston County, NC
FRN Agency ID #: 4640
Experience: < 3 years
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You folks are lucky in Cali...that you you at least have a statute or legislation that may favor you in the event your subject jumps the border. Here in North Carolina you would be stroking a check for $30,000 for the forfeiture. I suppose I would try the US Embassy in Mexico someone there probably has ear of a higher ranking Mexican official. My other question..is did you 1, 2 or 3 Cosigners..Please post on here on how it turns out...all the best.
_________________
Robert J Brown
Bail Bondsman
NPN: 17113240
Holmes Bail Bonding
Johnston County, NC
(919) 376.6661
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B Williams
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Post subject: Re: Advice to exonerate a bond subject in Mexico Posted: Tue 12 Nov 2013 13:09 |
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| Advanced Poster |
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Joined: Wed 20 Apr 2011 14:25
Posts: 1351
FRN Agency ID #: 3902
Experience: More than 10 years
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NCbondsman13 is correct. I'll add a little more to this one as it pertains to NC. Say you have a guy out on bond in NC and he leaves the state and gets jammed up in another state AFTER he fails to appear in NC and you can't get him out of jail before the final forfeiture date. You'll be stroking a check. Even if he's locked up in South Carolina. Go figure.
Bill
_________________
Bill Williams
Bail Agent
Eagle Bonding Services
Asheville NC 28804
828-777-8667
Lic # NC10013561
Lic # TN 2033018
Never be haughty to the humble
or humble to the haughty - Jefferson Davis
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