Collections for Bondsman

 

The Dickson Davis Law Firm is a full-service boutique law firm for bondsman companies dealing with collections of unpaid fees (i.e., indemnitors) from bail bonds for criminal defendants being prosecuted here in South Carolina.

The Dickson Davis Law Firm deals with contract law, and applicable South Carolina law and codes, with respect to bondsman engaging in collections for bail bonding services rendered to indemnitors on the behalf of criminal defendants in South Carolina.

Your insurers want to see you take legal action for collections. From start to finish, the Dickson Davis Law Firm handles the legal aspects of the collections process so your staff can focus on generating revenue and running operations.

The Dickson Davis Law Firm provides the following legal services: 

  • Contract Disputes

    • Standard Breach of Contract (Premium, Promissory Note, Forfeiture of Bail Bond, or any of the above)

    • Promissory Estoppel

    • Unjust Enrichment

  • Track Statute of Limitations (so you don't miss out on collection activity)

    • For garden variety breach of contract disputes (not involving real property as collateral), the statute of limitations is generally 3 years from the indemnitor's default as defined under the contract. If the language in your contract indicates an earlier time, then err of the side of caution and use the earlier date instead to give yourself ample time for collections.

    • For breach of contract disputes related to real property as collateral, unless your contract documentation meets certain legal criteria as a sealed instrument for the statute of limitations of 20 years related to bonds secured by real property, you are more than likely subject to the statute of limitations for 3 years. Compare S.C. Code Ann. § 15-3-520 (20 years), with S.C. Code Ann. § 15-3-530 (3 years); see also Lyons v. Fid. Nat'l Title Ins. Co., 415 S.C. 115, 125-29, 781 S.E.2d 126, 131-33 (Ct. App. 2015). 

    • For issues of forfeitures and penalty related to the state (you against the state or the state against you), the statute of limitations is generally 2 years; however, in State v. McClinton, 369 S.C. 167, 631 S.E.2d 895 (2006), the court ruled that the 3 year statute of limitations for contract actions related to the forfeiture of a bail bond regarding criminal defendants starts to run 30 days after the bench warrant is issued for the criminal defendant's failure to appear for a court hearing. See S.C. Code Ann. § 38-53-70.

    • Track the validity of appearance bonds whether in general sessions court (3 years) or magistrate court (18 months) compared with any collection issues and the cost-effectiveness to proceed as the surety for the criminal defendant on behalf of the indemnitor. S.C. Code Ann. § 17-15-20(B). If you are past the validity of appearance bonds, then download the form here. 

  • Document Review

    • Contract determines breach of contract cause of action

    • Contract determines your process for collections

    • Demand Letters for collection purposes

  • Legal Drafting (Notices, Demand Letters, etc.)

  • Compliance Measures

  • Judicial Liens and Foreclosures (if cost-effective when real property is involved)

  • Pre-Litigation Settlement Negotiations (whether formal or informal)

  • General Civil Litigation

Outsourcing legal services to handle these issues saves hidden costs to your bottom line. 

We value our relationships with our clients to work together in the long run. We earn your trust through our dedication and performance. We take the hassle out of the legal process when you have to deal with these matters, and we work directly with your staff. We simplify the process and expectations. Our collections process is seamless and hands-off for your staff. But, we can do more based on what you need.

Experience working with an attorney who comes from the business world to deal with the business world. Billing for legal services that makes sense. Billing is done per unit per criminal defendant so you can drill down and track legal expenses to that individual. Cut the fluff out of hourly billing to predominantly flat fee billing for most legal services.

Engagement Letter & Fee Contract

Transparency in Billing Practices