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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?
 
Posts: 4 | Location: Seguin,Texas | Registered: May 09, 2005Reply With QuoteReport This Post
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"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).
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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Does 22.13 not apply since the defendant was re-arrested within 180 days? Costs, interest etc. can be charged....or am I missing something?
 
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
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The defendant was arrested in May of 2005, not in 2004.
 
Posts: 4 | Location: Seguin,Texas | Registered: May 09, 2005Reply With QuoteReport This Post
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I misread the date!!!! Hang em high!
 
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
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