Judge Reginald Boddie
Claimant Bailey sought to recover from Marvin’s Bail Bonds (MBB) money allegedly paid as collateral for a bail bond. Bailey’s relative was arrested and she entered into a written agreement with MBB to provide bail, with a cash collateral value of $3,040. MBB acknowledged that if the offender returned to court timely, Bailey was entitled to reimbursement of $3,040. MBB claimed the offender did not return to court timely after his later arrest, thus forfeiting the bail. The court found MMB’s asserted grounds seeking costs and forfeiture of bail for the offender’s subsequent arrest were meritless. It stated while the bail was initially listed as forfeited due to the later arrest, the matter was later exonerated by the court. Therefore, MBB was not entitled to recovery of money on the ground of forfeiture, as any initial default was timely cured. Also, the court stated MBB failed to meet its burden of establishing entitlement to recovery of any alleged costs incurred in tracking, apprehending and transporting the offender into custody. It noted MBB’s witness denied being present in court and MBB failed to produce a witness with knowledge or evidence of costs associated with production and detainment of the offender. Bailey was entitled to recover $3,040.
