Criminal Law

questions & answers

Question: I was bailed out of Pima county over two years ago my uncle put his house up as collateral I went to my court dates and completed all my obligations got a letter from Pima county saying they released the house but Pima county never paid the bondsman so he isn’t releasing the deed till he gets his money back how can I fight this our house is in escrow and is held up by this

Answer: The Arizona Administrative Code (at R20-6-601(E)(4)) states that a bail bondsman who receives collateral in connection with a bail bond transaction must do so “in a fiduciary capacity” (essentially as a trustee) and, prior to any forfeiture by the accused, keep the collateral separate and apart from other funds, assets, or property. The collateral is provided to the bail bondsman only temporarily, essentially as a means of securing a short-term loan. This is why the collateral must be returned to whomever deposited it “as soon as the obligation, the satisfaction of which was secured by the collateral, is discharged” (or, in other words, as soon as the accused has made every required appearance). Once an order is entered that terminates further liability under the bail bond, the collateral must be returned. Only if the collateral was deposited as security for unpaid premium charges, and those premium charges remain unpaid even after the accused has been released, and the bail bondsman has demanded their payment, may the collateral be sold and used to make the payment. The bail bonds industry is regulated by the Arizona Department of Insurance. If you would like to learn more about your rights and responsibilities or to discuss a situation involving a bail bondsman or to file a formal complaint, you may contact the Arizona Department of Insurance in person, by telephone, by email, or through online submission, as described at the following address: https://insurance.az.gov/consumers/help-problem/filing-complaint. For specific legal advice concerning a bail bonds dispute, please contact an attorney. There are links to free and low-cost legal services on this website.

QUESTIONS

  • I was bailed out of Pima county over two years ago my uncle put his house up as collateral I went to my court dates and completed all my obligations got a letter from Pima county saying they released the house but Pima county never paid the bondsman so he isn’t releasing the deed till he gets his money back how can I fight this our house is in escrow and is held up by this

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