State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-544_3

§ 15A‑544.3.  Entry offorfeiture.

(a)        If a defendant whowas released under Part 1 of this Article upon execution of a bail bond failson any occasion to appear before the court as required, the court shall enter aforfeiture for the amount of that bail bond in favor of the State against thedefendant and against each surety on the bail bond.

(b)        The forfeitureshall contain the following information:

(1)        The name and addressof record of the defendant.

(2)        The file number ofeach case in which the defendant's appearance is secured by the bail bond.

(3)        The amount of thebail bond.

(4)        The date on whichthe bail bond was executed.

(5)        The name and addressof record of each surety on the bail bond.

(6)        The name, address ofrecord, license number, and power of appointment number of any bail agent whoexecuted the bail bond on behalf of an insurance company.

(7)        The date on whichthe forfeiture is entered.

(8)        The date on whichthe forfeiture will become a final judgment under G.S. 15A‑544.6 if notset aside before that date.

(9)        The followingnotice: "TO THE DEFENDANT AND EACH SURETY NAMED ABOVE: The defendant namedabove has failed to appear as required before the court in the case identifiedabove. A forfeiture for the amount of the bail bond shown above was entered infavor of the State against the defendant and each surety named above on thedate of forfeiture shown above. This forfeiture will be set aside if, on orbefore the final judgment date shown above, satisfactory evidence is presentedto the court that one of the following events has occurred: (i) the defendant'sfailure to appear has been stricken by the court in which the defendant wasrequired to appear and any order for arrest that was issued for that failure toappear is recalled, (ii) all charges for which the defendant was bonded toappear have been finally disposed by the court other than by the State's takinga voluntary dismissal with leave, (iii) the defendant has been surrendered by asurety or bail agent to a sheriff of this State as provided by law, (iv) thedefendant has been served with an Order for Arrest for the Failure to Appear onthe criminal charge in the case in question as evidenced by a copy of anofficial court record, including an electronic record, (v) the defendant died beforeor within the period between the forfeiture and the final judgment asdemonstrated by the presentation of a death certificate, (vi) the defendant wasincarcerated in a unit of the North Carolina Department of Correction and isserving a sentence or in a unit of the Federal Bureau of Prisons located withinthe borders of the State at the time of the failure to appear as evidenced by acopy of an official court record or a copy of a document from the Department ofCorrection or Federal Bureau of Prisons, or (vii) the defendant wasincarcerated in a local, state, or federal detention center, jail, or prisonlocated anywhere within the borders of the United States at the time of thefailure to appear, and the district attorney for the county in which the chargesare pending was notified of the defendant's incarceration while the defendantwas still incarcerated and the defendant remains incarcerated for a period of10 days following the district attorney's receipt of notice, as evidenced by acopy of the written notice served on the district attorney via hand delivery orcertified mail and written documentation of date upon which the defendant wasreleased from incarceration, if the defendant was released prior to the timethe motion to set aside was filed. The forfeiture will not be set aside for anyother reason. If this forfeiture is not set aside on or before the finaljudgment date shown above, and if no motion to set it aside is pending on thatdate, the forfeiture will become a final judgment on that date. The finaljudgment will be enforceable by execution against the defendant and anyaccommodation bondsman and professional bondsman on the bond. The finaljudgment will also be reported to the Department of Insurance. Further, nosurety will be allowed to execute any bail bond in the above county until thefinal judgment is satisfied in full. (2000‑133, s. 6; 2007‑105, s. 2.)