June 26, 2006, 16:18
Martin PetersonBail Bond Interest
It is improper for a judgment forfeiting a bail bond to bear interest in accordance with sec. 304.003 of the Finance Code under
Bailout, 797 S.W.2d at 277-8 if the recovery of interest would cause the recovery to exceed the penal amount stated in the bond. A second rationale seems to prohibit post-judgment interest because the money due is a penalty and not money detained by the surety. But, particularly where a sufficient remittitur or partial exoneration has been allowed, neither of these rationales would seem to prohibit the assessment of post-judgment interest on the reduced amount forfeited. See
Moore, 828 S.W.2d at 498. Thus, I assume it is no longer error for a judgment on a bond forfeiture to bear interest. Is this correct? Anyone had the issue raised recently?