Bails are paid to ensure that the accused doesn’t evade justice. It forces them to keep appearing in the court until their trial is over and they are convicted or found not guilty.
Often, the bails require a lot of money or property and individuals might not have much money or assets; thus, they reach out to bail bondsman like the Connecticut Bail Bonds Group in Hartford, CT. The bail bondsman will sort the bail with the court to secure the release of the accused from detention while their trial is still ongoing.
For those wondering if a bail bondsman can garnish wages, the simple answer is yes! Your wages can be garnished by a bail bondsman to sort your bail bonds after winning your court judgment. With that, your employer will set out a portion of your wages to pay your debt.
In a case whereby the accused skips bail, leaving the bondman to settle the bail himself. The bail bondsman will most likely use every tool within their reach to redeem the debt, legally. However, everything begins with a lawsuit. After winning the lawsuit, the bail bondsman receives a civil judgment from the court. This gives them the right to garnish the accused wages. The only way an accused or whoever it was that posted bail on their behalf, can avoid being paying for the debt is by proving the bondsman’s claims are illegitimate. And this is only possible when the bondsman can provide the original bond contract and other documentation supporting their claims. The possibility of this happening is very unlikely.
Why Bail Bondsman Always Wins
Any other creditor can find it difficult to prove that a debt is legitimate, however, a bondsman doesn’t have problems with doing so. This is largely due to the stringent requirements of the bonding process. A bail bond process is one of the few components of the American justice system that is straightforward and it has been proven to be very reliable.
Just before the bail is granted, someone must have signed a contract stating that in case the accused skips out of bail, they (that is the person who stands in for the accused) would pay it. In a case where the accused flees from justice, with this document the bail bondsman can easily make their next move.
The Garnishing Process
After the judgment has been made in the favor of the bondsman, they will then apply to the court for a “writ of execution”. This is a court order authorizing the bail bondsman to recover his loss from the accused or whoever it was that stood for him. The bondsman pays the sheriff a small fee to serve the accused’s employer with the “writ of execution”. After the employer must have received it, then he becomes legally obligated to garnish the wage of the employee (accused) and remit a portion of the employee’s wages to the bail bondsman every payday until the debt is cleared.
Terminating The Garnishment
The easiest and fastest way to put an end to a garnishment process is to pay the debt in full. If an accused feels they are being garnished unfairly, or maybe the reduction in their wages is making life difficult for them, they may appeal to the court for relief. In cases like this, the judge may decide to revoke the garnishment order thereby making the garnishment order invalid, then the bail bondsman loses his right to garnish the wages of the accused or the judge may decide to let the garnishing order stand as it is. Giving the clear cut nature of the debt, it’s unlikely a judge would annul a garnishment order.
Although the law pertaining to garnishment of wages varies in different states, in any state where bail bondsmen are allowed to practice, they are allowed to pursue this kind of recovery. So if you have been wondering if a bail bondsman can garnish wages, the answer is “yes”. Because after a bail bondsman has won a civil court judgment, matters will be taken out of the accused’s hands entirely by requiring the employer to set aside a part of the accused wages to pay the debt completely.
To avoid garnishment, it’s advisable for the accused to live up to the terms of their release and clear up the bail after the legal proceedings.