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 Post subject: Taking personal checks for bail bond premiums...
 Post Posted: Thu 09 Apr 2009 05:59 
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Joined: Sun 07 Sep 2008 12:09
Posts: 91
Location: Johnson City, Tennessee
FRN Agency ID #: 0
Experience: 3 - 5 years
I try not to, but every once in a while, given the situation, I'll take a personal check on a bail bond premium for payment. I haven't got "burned" yet, but I'm sure its just a matter of time.

If you get a bad check, can you rearrest the defendant and return them to jail? I assume there should be some form of contract (I know its not on our application unless it would be covered under the promissory note). I know bonding companies in my area have put defendants back in jail for non-payment, but I have heard judges frown on this, understandably.

Last year, in my continuing education class the instructors discussed a processing company that would verify the bank account for funds, or put a hold on the account for when funds are deposited. Anyone ever heard of this, and if so can you direct me to them.

Thanks.

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Joshua P. Woodby
P.I./Surety Agent/Washington Co. TN Appointed Process Server

Owner, A Beagle Investigations and Process Service
TN P.I. License #6232, TN P.I. Company License #1496
Senior Agent, A Bail Away Bonding Company Inc.
T.A.P.B.A. Certification Always Current


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 Post subject: Re: Taking personal checks for bail bond premiums...
 Post Posted: Thu 09 Apr 2009 07:14 
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Location: South Central Virginia
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R U kidding... damn right you can arrest and put in jail.... violation of conditions... you can technically arrest a defendant if you do not like the way he/she parts their hair... of course ethics plays a part but bottom line is yep... put em back in...

... another quick tale from Speezack... got a druggy out on a $20,000 one SUNDAY nite (you can't clear a check on Sunday nite)... his girlfriend, his mother and his girlfriends mother all signed... I got 2 car titles and his mother owned her home... however... no money... I was fairly new and hungry so I took a check... oh yeah... A CHECK FOR $2000.OO... when you stop laughing I will continue......................................................... now, his girlfriend... a cuttie about 22... said her tax refund had just been put in the bank and it was fine... I explained what would happen to everyone if it did not clear... well, Monday am... I called the bank, account had been closed a week before!!!!!!!!!!!!!!! After I changed my pants, I drove to the apartment house to arrest the defendant... he was gone... after I changed my pants again... (I always carry at least 3 pair of underwear) I talked to all parties and ... long story short... I found him, arrested him and went after the premium.... at the time I think I was on a skimpy 50% contract so I had to pay the Ins. co... $1000 on the premium.... bbbbbbbbrrrrrrrrrrrrr.... it took me over a year to squeeze the money out of the girlfriend... I leaned both cars and put felony charges on her for the bad check... took her to court... her lawyer tried to settle for $1000... nope... then $1200... nope and after 11 months I finally got my money...........

Moral of the story...................... UNLESS IT IS YOUR MOTHER YOU ARE BONDING.... DO NOT TAKE CHECKS FOR ANYTHING... debit cards I do take although I have had one of those go south on me............ yet another story that I will not go into here (your welcome)

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Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"

DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"


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 Post subject: Re: Taking personal checks for bail bond premiums...
 Post Posted: Thu 09 Apr 2009 07:24 
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Joined: Fri 02 Mar 2007 10:51
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Location: South Central Virginia
FRN Agency ID #: 1474
Experience: More than 10 years
Quote:
I know bonding companies in my area have put defendants back in jail for non-payment, but I have heard judges frown on this, understandably.


Why would the judge frown on this... if a check bounces... it is a crime and if it is over a certain amount is a felony... any other business takes a check that bounces... the business puts a criminal charge on the check writer and pursues in a court of law and stops whatever service was paid for with the bad check... in our business it should be even more criminal and the bottom line is quite clear.... non-payment in any manner voids the contract... period.

added later....
I suppose on reflection that I could understand the judge frowning... of course there are expenses on the LE side that are added if the defendant is returned to jail... however, I might add... in the 10 or so years that I have been bonding... I can number on one hand the times I have returned a defendant for nonpayment or bad check... so it is not a normal thing here... however, I know some of you "big time" bondsman that are rolling in a dozen a day or so... might be faced with many situations and in those cases I can see that the judge may look upon those returning the defendant in a less than amiable light... thinking that we got our money and now want off the bond.... revolving door and all that... maybe some of you do that........ I don't... as mentioned before, ethics place a part here also.

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Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"

DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"


Last edited by speezack on Thu 09 Apr 2009 12:10, edited 2 times in total.

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 Post subject: Re: Taking personal checks for bail bond premiums...
 Post Posted: Thu 09 Apr 2009 09:28 
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Joined: Fri 28 Mar 2008 04:55
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Location: Maryland, Delaware, & Virginia
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speezack wrote:
Moral of the story...................... UNLESS IT IS YOUR MOTHER YOU ARE BONDING.... DO NOT TAKE CHECKS FOR ANYTHING...


Not until a credit and Identification was done on her. :twisted:

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 Post subject: Re: Taking personal checks for bail bond premiums...
 Post Posted: Thu 09 Apr 2009 09:45 
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Joined: Fri 02 Mar 2007 10:51
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Location: South Central Virginia
FRN Agency ID #: 1474
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DSI wrote:
speezack wrote:
Moral of the story...................... UNLESS IT IS YOUR MOTHER YOU ARE BONDING.... DO NOT TAKE CHECKS FOR ANYTHING...


Not until a credit and Identification was done on her. :twisted:



U iz so funny................ :roll: :roll: :shock: :shock: :lol: :lol: 8) 8) When I was 6 my daddy beat the hell out of the milkman... Daddy said there was no way I was his son >>>>>>> :mrgreen: :mrgreen:

_________________
Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"

DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"


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 Post subject: Re: Taking personal checks for bail bond premiums...
 Post Posted: Thu 09 Apr 2009 11:40 
 
DSI wrote:
speezack wrote:
Moral of the story...................... UNLESS IT IS YOUR MOTHER YOU ARE BONDING.... DO NOT TAKE CHECKS FOR ANYTHING...


Not until a credit and Identification was done on her. :twisted:


I have fired my Dad and My Brother, I think the background check would suffice on Mom. This is business. :mrgreen:


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 Post subject: Re: Taking personal checks for bail bond premiums...
 Post Posted: Thu 09 Apr 2009 14:22 
 
I take checks. However, I dont work for an insurance company, so it doenst matter in that respect. If I get a bad one, back in jail they go. Then prosecute the check. This county is very aggressive on bad checks. The bond is cash only and the same amount as the check plus costs. They will sit til its paid.


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 Post subject: Re: Taking personal checks for bail bond premiums...
 Post Posted: Thu 09 Apr 2009 15:15 
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Joined: Thu 09 Mar 2006 14:51
Posts: 3344
FRN Agency ID #: 3904
Experience: More than 10 years
We do take personal checks.

Burned only twice. Once when I wasn't in the office and the Boss and kid took the check and it turned out to be a counterfeit. The perp came back 3 days later trying to bail out another defendant and I was there and immediately knew the check she was trying to pass was bogus.

Call the PD and had her arrested the next day.

In the meantime the first check came back as bogus. Had defendant arrested by local PD and case closed.

There are credit card companies ( merchant account processers ) that can process checks immediately. We use one for years, ( the Boss and kid did not bother to run the bogus check they took ) and have had good luck with them.

I can PM anyone info on the company that we use.

Our portable credit card machine can run a check. It is called a check conversion. You enter the account information, amount, etc and it will approve or decline based on the the aacount holder past history and account status. If it is closed it will let you know immediately.

Also, many banks have a merchant line where you can call to verify if an account has funds in it. BofA is the only one locally that I know of that has a 24 hour live help to verify an account.

You may want to have the person paying with a check to access the account online and verify the funds. If they can't or wont, ask them to bring in their last 2 months bank statements. If they refuse don't take the check. Send them to your worst competitor.


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 Post subject: Re: Taking personal checks for bail bond premiums...
 Post Posted: Thu 09 Apr 2009 15:31 
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Joined: Thu 23 Nov 2006 18:44
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Location: San Ramon, CA
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Experience: 7 - 10 years
I'll take checks from the people that I know, as they are regulars, but I always call the bannks to verify funds BEFORE I leave the house...

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Kate
650.863.8470

" Yeah, I see ya, you ding dong..."


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 Post subject: Re: Taking personal checks for bail bond premiums...
 Post Posted: Thu 09 Apr 2009 22:45 
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Joined: Tue 24 May 2005 14:46
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Location: Colorado
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Experience: 5 - 7 years
I take checks, and have only been burned one time. When asked if I take them, I tell the person that I will take them as long as they are good, but if not, I will revoke the defendant's bond and file charges against the person that wrote it. That way there isn't any misunderstanding.

I have been told by others that my up-front approach may lose me business, but my response is that it is business that I probably don't want. Why would I want to write a bond that I won't get paid on, or that will probably run on me? Let those agents that write the loose bonds take the loss, or hire me to find their skips. Yes, I may lose business, but I don't have the skips or pay the forfeitures that they do.

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Kathy Blackshear
Blackshear Investigations
Blackshear Bail Bonds
Sales Associate, Prepaid Legal Services, Inc.
Walsenburg, CO


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