Bail - Security required (monetary amount) for the release of a person from jail
Bond - Obligation for the amount of bail by the person who signs the bond
Accommodation bondsman - Not a licensed bail bondsman but uses value or property to get someone
out of jail. THis person can not take money
Bail bond - Undertaking by the principal to appear in court as required upon penalty of forfeiting bail to
the state in a stated amount
What are the ways a person can promise to be in court - Unsecured bond
Premium secured
Cash deposit-full amount of the bond`
Mortgage
Least one solvent surety- 2 or more persons can combine incomes
Insurer - Any domestic, foreign, or alien surety company which has qualified generally to transact bail
bond business in this state
Obliged - Principal or surety on a bail bond
Principal - Defendant or witness obligated to appear in court
Resident - Who lives in the state for 6 consecutive months
Runner - A person employed by a professional bondsman for the purpose of assisting the bail bondsman
in presenting the defendant in court or executing bonds on behalf of the licensed bondsman when the
power of attorney has been recorded.
,Surety - One who with the principal is liable for the amount of the bail bond upon forfeiture of the bail.
Collateral - Something else the bondsman holds besides the 15% premium
What is the purpose of collateral - Protect the bondsman from loss in the event of a forfeiture
What are types of collateral - Money or negotiable instrument
Personal property, cars, etc (moveable)
Real property, houses, buildings (nonmoveable)
Indemnity agreements, a civil contract basically a promissory note
How much collateral can a bondsman take - Up to 100% of the bond
Where must collateral be stored - trust account in NC bank
Separate from personal or business account
Trust account funds shall be funds collected as collateral on bail bonds only
The trust account funds are not to be commingled with other funds
The collateral funds must be deposited in trust account within 2 banking days after receipt
How is property collateral stored - Bondsman is liable for any damages
Must be returned in the same condition
Bondsman using collateral other than paying forfeiture may be held civil and criminally liable
How should collateral be returned - In the same condition it was received in.
WIthin 15 days.
Failure to return collateral can lead to revoked license
Failure to return collateral in excess of $1500 can lead to criminal charges
, How long does the surety have to return the principal - 150 days
What are the reasons to have a forfeiture set aside - 1)FTA been set aside by the court and order for
arrest has been recalled
2) charges for which the defendant has bonded have been disposed by the court other than the
dismissal with leave.
3)defendant has been surrendered by surety
4)Def. served with order for arrest for the FTA
5) def. died
6)Def. is incarcerated in NC or U.S.
Where do the three copies of the bond forfeiture notice get copied to - School board attorney, D.A.,
Clerk of court
What is needed to file a forfeiture of bond - Motion and Certificate of service
How many motions is allowed within the 150 days - 1
Anytime before the expiration of 150 days, the defendant, surety, professional bondsman, runner for a
professional bondsman, or surety bondsman for an insurance company may make a ______ ______ that
the forfeiture to be set aside - Written motion
What happens after you file a motion for a forfeiture to be set aside - If the DA, school board attorney
objects to the motion, there will be a hearing within 30 days afterthought objection is filed where the
defendant was bonded to appear.
The court will not set aside a forfeiture if a bondsman signs a bond for a defendant - Who has already
failed to appear twice in the case for which he was charged and the bondsman had actual notice of the
defendants prior failures to appear
How does the bondsman get actual notice of a defendants FTA - Defendants condition of release and
release order. ACTUAL NOTICE of 2 failures to appear shall be indicated on the defendants release order
by a judicial official.
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