May 17, 2005, 11:38
RachelBail Bond Forfeitures
I have a case where the surety filed an affidavit to surrender on January 15, 2004, the defendant FTAed on January 20, 2004, the court signed the affidavit to surrender on January 21, 2004, and judgment nisi was signed February 26, 2004. The defendant was arrested on May 5, 2005.
Is the bondsman still liable on the judgment nisi? Can I bill the bondsman for the bond amount, interest and court costs?
May 17, 2005, 13:32
Ken Sparks"Yes" to all questions. The surrender statute, CCP Art. 17.19, simply provides the bondsman a mechanism to apply for the issurance of a warrant; it does not shield the bondsman from liability on the bond (unless the court unreasonably refuses to grant the surrender).
May 17, 2005, 14:08
mhartmanDoes 22.13 not apply since the defendant was re-arrested within 180 days? Costs, interest etc. can be charged....or am I missing something?
May 17, 2005, 14:55
RachelThe defendant was arrested in May of 2005, not in 2004.
May 18, 2005, 10:50
mhartmanI misread the date!!!! Hang em high!