We are faced with a challenge that is gaining momentum. Bail bond sureties are being served with citation within the statutory four year period but at least one - two years after the judgment nisi is filed. Attorneys are raising the "due diligence" in service defense and a couple of the judges are denying bond forfeiture judgments on that basis. Unfortunately we are sometimes unable to explain why service of citation took so long, considering the fact we are a small community. Any thoughts?

Why would it take two years to serve a licensed bondsman with a presumably known address in the same community?

Especially since you can serve by certified mail.

For a very recent discussion of the due diligence issue, click here.

I note that Mr. Olson's profile states he is from Brownsville. Just to clarify, I'm the bond ADA in Cameron County (Brownsville), and the issues he describes are not occurring here.