Calvert Bail Bond Agency, LLC v. St Clair County

Plaintiff is in the business of becoming surety on bonds for compensation in criminal cases in the state of Michigan. Plaintiff, pursuant to MCL 600.4835, sought a return of the sums it paid to defendant on bond-forfeiture judgments. The trial court dismissed plaintiffs claims and held that the exclusive remedy for the return of such funds was through MCL 765.28. Because the Legislature’s amendment of MCL 765.28 did not establish that it was to be the exclusive remedy in these instances, we reverse and remand.

The parties do not dispute the underlying facts. Plaintiff became surety for many…