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Member |
Are there any new laws concerning the amount of time a D.A.'s or C.A.'s Office has to file a Nisi? I was told that there is a new law that states that Nisi's are now to be filed (felony) 9 months after the FTA and misd. are 6 months. | ||
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Member |
Check out Senate Bill 1336. There is a new deadline for issuing a capias and entering it into a warrant database following forfeiture or surrender. Additionally, a bondsman is exonerated if the defendant is arrested within 180 days on a misdemeanor or 270 days on a felony. "Return" costs, court costs and interest are still owed. | |||
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Member |
In answer to your question, though, you should still file your nisi immediately and get the paperwork moving. While the law now provides for an exoneration, don't wait to file the case. In addition, you don't necessarily have to change how you do business in your county. In Williamson County, we give felony bondsman 6 months to find the defendant and then we offer to settle for 75% if they sign an agreed judgment. If they want to gamble on finding the defendant later, then they are going to have to try the forfeiture first and face paying 100%. We've never had a trial and collections are automatic. | |||
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Member |
sb 1336 (art. 22.13(a)5) makes no sense. if a defendant is in custody on the date he was to appear in court, that is an obvious defense to the forfeiture. but what difference does it make if he is in custody within six months (misd) if he was not in jail on the date he was to appear? he still did not appear, which is still a bond forfeiture. what about 22.01? | |||
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