Courts, correctional facilities, and jails collect Cash Bail.
If you pay the Cash Bail then you are the Surety.
The Surety gets a receipt as proof of payment when the Cash Bail is paid. The Department of Finance holds the Cash Bail funds until the court closes the case and issues a court order to refund the Cash Bail.
If you do not receive your Cash Bail refund in the mail eight (8) weeks after the case ends, contact the Department of Finance. Please have a copy of your Cash Bail receipt ready when providing information.
Getting Your Refund Mailed To You
Generally, no action is required. When a case is over, the court sends a refund order to the Department of Finance within six weeks. The Department of Finance sends a check to the surety (or the assignee), at the address on the Cash Bail receipt, within two (2) weeks of receiving the refund order from the court. In total it should take about eight weeks after the case has ended for you to receive your Cash Bail refund.
If the defendant was convicted, the Department of Finance deducts three percent (3%) of the amount of the Cash Bail to cover administrative costs before issuing a Cash Bail refund. If the defendant was not convicted, and the case was dismissed or acquitted, then the full amount of the Cash Bail deposit is refunded to the Surety. Courts may impose additional fees. For more information on these fees, you will have to contact the appropriate court to discuss the fee.
Stopping Payment on a Cash Bail Refund You Didn't Receive
If you are the Surety (the person that paid the Cash Bail) or the Assignee (the person to whom the Surety transferred the Cash Bail), and you did not receive a refund check within eight (8) weeks after the case ended, contact the Cash Bail Unit. If the Department of Finance mailed you a Cash Bail refund check, we may need to place a stop payment on the check. Complete a Stop Payment Affidavit. Mail or deliver the notarized affidavit to the address on the form. Please note it takes 30 days to re-issue a check after a stop payment has been processed.
Claiming a Cash Bail Refund When the Surety is Deceased
A surety's next-of-kin (or the person paying for the funeral) can submit a claim for the bail refund by completing a Surety Survivor's Affidavit. Mail or deliver the affidavit, notarized, with a copy of the death certificate and paid funeral bill to the address on the form.
The Department of Finance will provide information about a Cash Bail refund only to the Surety, who is the person who posted the Cash Bail, or to another person to whom the Surety has given a signed, notarized statement, giving that person permission to inquire about the Cash Bail refund.
Attorneys: An attorney may inquire about Cash Bail refunds only if the Surety has assigned or transferred the Cash Bail to the attorney.Other people may request information about a Cash Bail refund by writing to:
NYC Department of Finance
Treasury Division, Court Assets Unit
66 John Street, 12th Floor
New York, NY 10038
It is very important that you notify Finance when you change your address. This will help avoid a delay in getting the refund to you.
Complete the Cash Bail Refund Change of Address Notice and notarize it. Return the completed notarized form and a copy of a government issued ID to the address provided on the form.