Collection agency?

Question

About 2 months ago our neightbor accused my mother of scratching her car and got my mother citizen arrest, our neightbor told the cops that she and her boyfriend saw her do it. Which was a lie, my mom was not the one that did it, plus I know who did it. It cost us $2000 to give the bail people to bail her out. She went to court, the case was droped. I wanted to know, can we get that $2000 from our neighbor. Should I send her to collection agency. What should I do to get that $2000 back.

to Crys H. I'm not talking about the bail bond, I'm talking about the fee for the bail.

Answer 1

I'd take her to court and sue for the 2000, that and you could possibly try to get her in trouble for filing a false report to the police too.

Answer 2

If I'm not mistaken bail is returned once the suspect/accused appears in court. Bail is just collateral, they take something from you that they're pretty sure you won't leave behind. Now if you skip out or don't show up to court that money is as good as gone.
That's my undertanding of the bail process. In the future pal if you know who did it, I'd suggest telling the police you know who did it before they take your mother away. Also if you can proove that this other person did it and get a conviction, then you bet your butt you could sue your neighbors so long as they stated in they police statement that they for a fact saw your mother do this to their car... That's a lie...and a crime.
Good luck

Answer 3

You should have recieved the money back from the Bail Bonds Compnay minus a fee which is usually 10%. If the full amount was paid to the State or County then you would have recieved it back on appearnce and dismissal of the charges.
She may have the basis for a Law suit against the neighbor for wrongful/false statements to the Law enforcement agents and pain and suffering caused by those statements.

Answer 4

This is a matter for a small claim court. This will probably be Judged on the Hear say rules of the court. Without evidence, an eyewitness to matters like this is judged by counting impeachments. Try to discredit the defense as much as possible! And yes you can get your 2000.00 back. I would also file in addendum to your complaint for punitive and compensatory damages. You will have the ultimate burden of proof, so get as many People as possible to testify. You mentioned the case was droped, so you will have to open a new case, or amend the original complaint for the court of appeals. Also keep in mind they can counter and ask for a judgment on thier behalf.

Answer 5

It will be difficult and troublesome to go after these people.
you could sue the neighbor but is it worth the hassle?
Contact an attorney or legal aid and find out what the whole process will entail.
you may have to file a counter suit. or a claim for them having made a false claim.
each state has its own laws and regulations so consult someone with legal expertise and plan your next move carefully.
I once had a crazy land lord who claimed I did 7k damage to the house.
It was totally bogus but the lawyer explained all the nuances
of how I could go after him but even with a judgment they would not pay so It would mean nothing and in the end it was just better to let it go...not what I wanted to do but in the big picture it was the better choice for me.
Good Luck in whatever you end up doing. I hope there is a way to recoup your loss.

Answer 6

Yes, this is a matter for small claims court. Since you're not a creditor of your neighbor, a collection agency will not be of any use to you. You may have a claim in court for malicious prosecution or abuse of process. You should consult an attorney.

Additionally, I believe bail money isn't given to your neighbor, it's held by the state. Again, I recommend consulting an attorney about this, particularly one familiar with criminal law in your area.

Answer 7

wow. Either the judge set a really high bond like 20,000 or the bail bondsman thought your mom was really a flight risk. What is her arrest record like? That to one side. You cannot sue your neighbor for calling the police unless you can prove she intentionally lied in her police complaint. People have immunity to call cops, and state did the rest including setting bond. You contracted to pay that large a fee so you paid it and thats that.

Answer 8

You can take your neighbor to small claims court, but you would have to decide if it's worth it. A bad neighbor can make your life a hell. The could key your car on a daily basis, throw rocks through your window when you're not home, blast the stero at night just long enough to wake you up, etc.
Just depends on what you think this person is capable of.

Answer 9

Check your state law, but here in MI bail money is a loan--the cops only get to keep it if the person out on bail "jumps bail", or attempts to flee before trial.

Answer 10

Depending on how the citizen's arrest occured and local laws this could be a criminal case? There's also a good possibility of gettign a restraining order.