Ed. Note: The following content was provided by All American Bail Bonds who is a client of KHTS AM-1220.
As simple as they may sound, bail contracts can be complicated and there are many rules that go along with them.
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A contract is defined as an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit know as consideration, according to the California Bail Education textbook.
“When writing bail bonds, we use bail contracts to assure that our terms and our clients terms are met,” said Inessa Chavez, vice president of All American Bail Bonds in Santa Clarita. “We use bail contracts constantly.”
All American Bail Bonds in Santa Clarita and other bail bonds agencies use contracts on a day-to-day basis to assure that they don’t lose money when bailing out a client.
A contract includes: an offer, an offer acceptance, a promise to perform, consideration which is payment or promise, a time when the promise should be completed, terms and conditions and finally going through with the performance, according to the textbook.
“There are two types of contacts: unilateral contracts and bilateral contracts,” Chavez said. “At All American Bail Bonds in Santa Clarita, we use bilateral contracts.”
A unilateral contract is where there is a promise to pay or give other consideration in return for performance, according to the textbook. A bilateral contract is where a promise is exchanged for a promise.
Contracts can be written or oral and written contracts hold up longer if used in court.
Written contracts can be used to sue in court for up to four years after the date the contract was made, according to the textbook. Oral contracts can only be used to sue for up to two years after the date.
Minors cannot form an enforceable contract without their parent or guardian, according to the textbook. People who are under the influence can sign a contract. Courts only throw out a contract if the other party knew about the intoxication or the person was intoxication without their own knowledge.
For more information about bail bonds contracts, visit the the IRS Bail Bonds website.
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Thanks for the information. I had no idea how bail bonds worked. Now that my brother is in jail though, it’s important for me to know. Thanks for clearing up any misunderstandings I had. I’ll make sure I look into getting him a bail bond.