Jones v. Affordable Bail Bonds New York

NEW YORK COUNTY
Criminal Practice

New York Law Journal

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Judge Frank Nervo

Plaintiffs, joint indemnitors of a bail bond agreement underwritten by Affordable Bail Bonds (ABB), sought to recover the $10,000 collateral they exchanged, along with a premium, for a bond ABB posted on plaintiffs' nephew's behalf. ABB contended it was entitled to retain the collateral under the terms of the parties' contract. ABB claimed the nephew was rearrested, and as a result, ABB was required to apply to a judge to have the bail revoked, among other things. The court found that not one of ABB's arguments survived scrutiny. It noted that there were no terms set forth in any of the paragraphs ABB cited, or any other provision of the parties' contract, establishing ABB's right to retain the collateral. The court stated, contrary to ABB's argument, bail was not forfeited, but was exonerated by a court order due solely to plaintiffs' efforts. Thus, the court ruled ABB's argument bail was forfeited, revoked or otherwise affected on ABB's application was meritless. It also stated there was no provision in the contract providing for ABB's retention of the collateral in the event of bail revocation in the absence of any associated costs or expenses. Hence, the court granted plaintiffs' judgment against ABB for $10,000 plus statutory interest.

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