From Slate Magazine · Ilyce Glink · · 3m
She bailed out her sister. He wants the $2,000 back
A wife posted a $2,000 bond for her sister's revenge stunt without asking her husband, and now nobody wants to pay it back.
In brief
A wife posted a $2,000 bond for her sister's revenge stunt without asking her husband, and now nobody wants to pay it back. Bail money you hand over without paperwork is usually a gift in the eyes of a court, and the real fight is rarely about the money. Originally reported by Slate Magazine.
Manure on a grave
The day after her ex-husband's funeral, Louise drove to the cemetery and dumped roughly 20 pounds of manure across his grave.
Arrested and sobbing
Police booked her. From jail she called her sister Darlene, crying, asking to be bailed out.
Two thousand dollars, quietly

Darlene put up the $2,000 bond. She did not tell her husband she was doing it.
Then came the excuse
Louise says she can't repay a cent because attorney's fees and court costs have taken everything.
Fifteen years of grudge
The marriage ended more than 15 years ago. The husband's objection is simple: he shouldn't fund a stunt that petty.
“I don't see why we should have to pay because she chose to do something petty and juvenile.”
He can't sue
Suing requires standing, meaning the person actually wronged has to file. Darlene wrote the check, so it's her claim, not his.
Gift or loan
Without a signed promissory note, a judge can easily read $2,000 handed to family as a gift. That guts the case before it starts.
“Anyone can sue anyone for anything, but it's difficult to imagine you'll win.”
A spouse who won't fight
Darlene says to let it go because Louise has been through enough. A plaintiff who doesn't want to win rarely does.
Paid the court directly
Money posted with the court is collateral held until the case ends, which can take months or years. Then it often goes straight to fines and fees.
Paid a bondsman instead
A bondsman's $2,000 is a 10 percent premium on a $20,000 bond. Even if Louise shows up for every date, that cash is gone for good.
Call the clerk
If she paid the court, Darlene can tell the clerk she's the depositor and ask for the bond back rather than applied to Louise's bills.
Move before the court does
Expect paperwork and a small state fee skimmed off the top. Stay silent and Louise will use that money to cover her own costs.
“If she doesn't call the court, Louise will likely be able to use your money to offset her fees and court costs.”
The money isn't the wound

What actually stings is being cut out of a $2,000 decision. Darlene may have moved fast precisely to skip the argument.
“What's eating you is that Darlene shelled out that cash without consulting you.”
Have the bigger conversation
Whether or not Louise ever pays, the couple needs a rule for how large money decisions get made together.
The one thing
Bail money you hand over without paperwork is usually a gift in the eyes of a court, and the real fight is rarely about the money.





