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Bond Forfeitures & the Bailiff & Warrant Officer
Presented by:
Honorable Marian Moseley, Presiding Judge
Coppell Municipal Court
972.304.3651
May 19, 2014 – San Antonio, Texas
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Objectives
Explore statutes that define a bond and bail bond
Discuss procedure involved to forfeit types of bond and
duties of warrant officer or bailiff
Encourage warrant officer, bailiff, clerk, and prosecutor
that the forfeiture process can help move a court’s docket
Foresee possible problems bailiff or warrant office might
see and possible solutions
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Statutes
Code of Criminal Procedure
• Art 17.01 Bail Defined
• Art 22.01 How Bail is Forfeited– PR Bond
– Defendant Post Cash bond
Occupations Code
Sec 1704.001 Occupations Code regulates Bail Bond Sureties if:
1. County with 110,000 or more, or
2. County <110,00 in which County Bail Bond Board is created
3. Attorney Bond
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What is Bail
The security an accused gives that he will appear in court and answer an accusation against him
1. Personal Bond – Art.17.04 C.C.P.
2. Bail Bond–Art. 17.01 C.C.P.; 1704.001(1) O. C.
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1. Personal Bond
• Judge releases a defendant without surety or any other security (his promise) to appear in court ‐ Art 17.03 C.C.P.
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1. Personal Bond
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2. Bail Bond
Written undertaking by the accused (and any surety) giving security that the Defendant will appear in a court to answer a criminal accusation
Art. 17.02 C.C.P.; Sec. 1704.001 (1) O. C.
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Corporate Bond
Bond Requirements
1. Must be made payable to the “State of Texas”
2. Must bind defendant (and surety) that the defendant will appear before the court to answer the accusation
3. Must state if the charge is a misdemeanor or felony
4. Must be signed by defendant principal (and surety) with mailing address
5. Must contain a time and place, when and where the accused must appear, identify the court before whom he is to appear and subsequent proceedings
6. Shall contain condition to pay necessary and reasonable costs of re‐arrest.
Art. 17.08 C.C.P.
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Effect of Valid Bond
A contract – can be enforced
1. Defendant’s Obligation ‐ will appear and comply
If so, released from bond
2. Surety Obligation – defendant will appear
If so, surety released from bond
3. Court’s Obligation –refund cash if compliance Art. 17.02 C.C.P.
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What is not a valid Bond?
No bond= No forfeiture
1. Written promise to appear on citation ‐ Sec 543.005 T.C.
2. Release from custody to appear ‐ Art 15.17 (b) C.C.P.“If not appear, judge shall issue a warrant for arrest”
3. Plea of Defendant in Detention ‐ Art 45.023 (c) C.C.P.
4. Forfeit cash bond in satisfaction of fine ‐ Art 45.044 C.C.P.(Conditional Plea)
5. Cash Escrow Deposit
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What to do if not a bond
• Warrant on original criminal case –Art.45.014(e); 45.202 C.C.P.
• If Jail credit sufficient to cover fine and costs
‐ Form letter to Defendant “may plea Guilty or no contest”
• Bond has glitch
‐ Clerk mail new court date
‐ Bailiff call defendant to come to court to avoid warrant
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Defendant Relieve Bond’s Obligation?
1. Defendant appear and resolve case
– Deferred – Art. 45.051 (a) C.C.P.
– Driving Safety Class‐ Art. 45.0511(t) C.C.P.
– Plea of Guilty, finding of Guilty – Art. 17.08(5) C.C.P.
– Found Not Guilty/Dismissed ‐ Art. 17.08(5) C.C.P., 1704.208 O.C.
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Surety Relieve Bond’s Obligation?
1. Defendant appear in court and resolve case
2. Surety surrender principal to custody ‐ Art. 17.16(a)(1) C.C.P.
Before forfeiture done
3. Surety shows “Defendant incarcerated“
Affidavit to sheriff that principal incarcerated ‐ Art. 17.16(a)(2) C.C.P.
Before forfeiture done
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Bonds that may be Forfeited
1. Personal Bond ‐ Art 17.04 C.C.P.
2. Bail Bond ‐ Art. 17.02 C.C.P.
a. Cash
b. Non–Cash Bail Bond (Appearance , Surety, Attorney)
1. Bail bond company ‐ Art. 17.02 C.C.P., 1704.204 (a) O.C.
2. Corporation ‐ Art. 17.06 C.C.P., 1704.212(a) O.C.
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Bonds that may be forfeited
3. Attorney ‐ 1704.163a O. C.
An attorney may post a bond without meeting surety requirements if he represents defendant
“An attorney executing a bail bond or acting as surety under Sec. 1704.163 O.C. is not relieved of bond’s liability solely because the attorney is later replaced as attorney of record in the criminal case.”
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What is a forfeiture
1. Defendant not appear, bailiff calls defendant’s name at courthouse door – Art 22.02 C.C.P.
2. Judge finds Defendant failed to appear & resolve
criminal case and signs Order (Judgment Nisi)
3. Judge’s Order: court can recover money if defendant does not show good cause for not appearing at the criminal case
• Starts new CIVIL case
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Bond Forfeiture = Separate CIVIL Case
Municipal Court has jurisdiction in forfeiture & final judgment of bonds‐ Sec. 29.003(e) Gov. Code
• Rules of Civil Procedure apply on this new bond forfeiture case
• Clerk put this case on the civil (Scire Facias) docket ‐ Art. 22.10 C.C.P.
• Different case number ‐ Tex. R. Civ. P. 26
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Forms Required
1. Affidavit of Defendant’s Failure to Appear ‐ Bailiff, Marshal shall call Defendant’s nameafter end of court – Bond FTA form
2. Motion for Forfeiture of Bond ‐ ProsecutorState’s action to forfeit Bond must be not later than 4th anniversary of dateprincipal fails to appear – Art. 22.18 C.C.P.
3. Judgment Nisi ‐ Judge:“Be final IF defendant principal fails to show good cause why they did notappear.” ‐ Art. 22.02 C.C.P.
4. Capias (warrant) for defendant’s arrest ‐ Art. 23.05 C.C.P. – warrant officer execute
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Civil Judgment Nisi file contains
1. Copy of complaint of original criminal charge
2. Copy of Bond posted in criminal case
3. Original Bailiff’s Affidavit that Defendant failed to appear in criminal case
4. Original Judgment Nisi
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Notice must be given
Clerk shall issue Process (“Citation”) for Defendant Principal and anyDefendant Surety ‐ Art. 22.03 C.C.P.
“You have been sued. You may employ an attorney. If you or your attorney do not file
a written answer with the court who issued this citation by 10:00 a.m. on the next Monday following the expiration of 20 days after you were served this citation and petition, a default judgment may be taken against you.”‐ Tex. R. Civ. P. 99(b)
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Notice to Defendant
Citation shall be served on Defendant ‐ If only Defendant is on cash bond
• Regular Mail –to defendant’s address on bond or last‐known address ‐ Art. 22.035 C.C.P.
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Notice to Surety
Citation shall be served on all Defendant Surety(s) ‐ Art. 22.03 C.C.P.
1. Certified Mail – Return Receipt Requested‐ signed by Surety only
2. Registered Mail ‐ to named Surety Defendant only ‐ Tex. R. Civ. P. 106
3. Personal Service – Art 45.202 C.C.P.; Rule 103 Texas Rules Civil Procedure– Warrant Officer ‐ complete a Return that served –Tex. R. Civ. P. Rule 21a, Rule 107
– Warrant Officer‐ complete a Return if unable to serve – Tex. R. Civ. P. Rule 107
4. Prosecutor request Substitute Service by bailiff‐ Tex. R. Civ. P. 109a
5. Publication ‐ Tex. R. Civ. P. 109
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If Defendant served
Clerk note date citation served by warrant officer ‐ Tex. R. Civ. P. 25, 26
– Starts time for Answer by Defendant
– “10:00 a.m. on or before Monday following 20 days from date of citation served”
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If Defendant Not served
• Clerk may reissue ‘citation’ to different address
• Clerk may ask prosecutor for Substitute service by warrant officer Clerk may reissue “citation” w/ different type of service by bailiff
‐Leave with one over 14 years of age Tex. R. Civ. P. Rule 106
‐Serve at different address – home or office
‐Any other manner effective to give notice.
• If Attorney appears in court on other cases, bailiff may personally serve
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Defendant May file Answer
• General Denial ‐Tex. R. Civ. P. 83, Art. 22.11 C.C.P.
• Verified Pleadings
– Deny execution of Bond‐ Tex. R. Civ. P. 93
– Bond invalid‐ Art. 22.13 (a) C.C.P.
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Defendant may file Answer
If no ‘Answer ‘
‐Bailiff call defendant name on date & complete Affidavit
‐Prosecutor may seek default judgment (trial required) ‐Tex. R. Civ. P. 239
If Defendant Principal, or Defendant Surety, file ‘Answer’
‐ Clerk set for trial – notice to all Defendants ‐ Tex R. Civ. P. 246
‐ Clerk set on ‘Bond Forfeiture docket’ ‐ before judge
‐ Set on day with prosecutor present (court reporter, if any)
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May be Remittitur
Surety may request after forfeiture of bond and before final judgment – C.C.P. 22.16
– Principal is released on new bail in criminal case ‐ bailiff verify
– Criminal case dismissed – warrant officer verify
– Other ‘good cause’ judge may find
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Bond Forfeiture Jury Trial
‐ If Defendant Principal or Surety files written request
‐ If pay Jury Fee at least 30 days before trial ‐Tex. R. Civ. P. 216
‐ If fee paid, Clerk summons prospective jurors
‐ If fee NOT paid, no jury trial
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Prepare for Bond Forfeiture Trial
• Clerk insure civil case includes all paperwork– Including Bailiff’s affidavit that Defendant not appear on criminal case
– If Jury fee paid, clerk summons jury panel
– Put the criminal case with civil forfeiture case
• Prosecutor review case file
– If jury, prepare Charge
• Bailiff check arrest record of Defendant
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Bond Forfeiture Trial
Bailiff – security, witnesses, jurors, defendant may have warrant outstanding
Prosecutor has the burden to present evidence:
• Criminal complaint – copy
• Valid bond – copy
• Affidavit of Fail to Appear – copy
• Judgment Nisi ‐ original
• Service of citation by bailiff/ warrant officer ‐ original signed receipt
• May be Answer filed – original
• Defendant in military – Service Members Civil Relief Act affidavit original
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Forfeiture Trial (no one appears)
Bailiff – Fail to Appear Certificate ‐ defendant not present
Burden of proof – on State
• Defendant Principal properly served?• All sureties properly served by warrant officer?• Defendant Failed to answer? • Principal not in military service ‐ SVCRA affidavit?
Judge sign Default Judgment of Liability –Tex. R. Civ. P. 239Full Amount of Bond
• State prepare Notice of Last‐known address ‐ Tex. R. Civ. P. 239a• Clerk mails Notice of Default Judgment to Defendant and Surety
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Forfeiture Trial ‐ Defendant appears
Bailiff‐ security – defendant who appears may have active warrants/hostile
Defendant Principal may present defenses that exonerate
‐Art. 22.13(a) 1 ‐ 5 C.C.P. “and no other”
Defendant Surety may show cause why forfeiture should not be made final
‐ Bond not a valid, binding undertaking in law as to the defendant• Defendant did not execute the bond, incapacitated, defect of parties
‐ Defendant deceased before forfeiture
– Defendant’s sickness, uncontrollable circumstances not defendant’s fault
– Failure to timely present indictment or information (2 years‐Mun. Ct)
– Defendant Incarcerated anywhere (at or within 6 months of fail to appear)
– Surrender of Principal ‐ Art. 17.19 C.C.P.
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Judgment of Forfeiture‐ Judge Trial
• After evidence, judge signs a Judgment ‐ Tex. R. Civ. P. 300– Exonerate from liability ‐ Art. 22.13 C.C.P.– Set aside the forfeiture – state not prove case– Enter Agreed judgment – prosecutor and defendant– Grant Dismissal ‐ defendant appears, pleads to criminal case & State Motion– Enter Judgment of forfeiture– Judgment may be Partial
Against Defendant Principal, Defendant Surety or both
Judgment is civil; defendant is “liable” for full amount of bond (not “guilty”)
No warrants are issued after civil forfeiture
Warrants remain outstanding on criminal case
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Judgment of Forfeiture – Jury Trial
• Bailiff – brings jury in
• After evidence, judge reads Charge ‐ Tex. R. Civ. P. 271
• Argument of Prosecutor, Defense, and Prosecutor
• Jury reach Verdict
• Judge verify and read Verdict to Defendant
• Bailiff releases jury
1. Defendant pays and civil case closed
2. Defendant may appeal civil case
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Remember:
• If criminal case disposed – still have civil Bond Forfeiture case
• If civil forfeiture final ‐ still have criminal case – in warrant status!
‘Dirty Board’
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Things to watch for
Attorney appears at Trial and files Motion to Surrender Defendant‐what do?
Attorney appears at Trial and says defendant “in custody”‐ bailiff verify?
Defendant served, but surety not served by bailiff ‐ judge can’t proceed
Forfeiture done but criminal case not addressed – warrants outstanding!
Criminal case plead already – Bailiff verify & defendant relieved of liability!
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After Final Forfeiture
• If Default, Clerk mails Notice of Default Judgment to Defendant and Surety
• Clerk holds civil case pending a Motion for New Trial ‐Tex. R. Civ. P. 320
• If Motion for New Trial on Forfeiture filed, clerk set for hearing:
‐ Judge may grant new trial on Bond Forfeiture
‐ Defendant may not appear at hearing = Judgment finally Final
‐ Defendant surety may pay full civil judgment amount
‐ Defendant principal may appear and plead to criminal case
• Motion for New Trial & Alternatively, Motion for Remittitur‐Art. 22.16 C.C.P.
• Surety may request Special Bill of Review within 2 years‐ Art. 22.17 C.C.P.
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IF No Motion for New Trial
Clerk shall notify the sheriff, chief of police, or peace officer of surety’s default. Clerk shall notify surety by certified mail to last‐known address (if other than Class C) Art 17.11, Sec 2 C.C.P.
Clerk shall deliver written notice to the sheriff, chief of police, or peace officer of corporation’s default. Sec 1704.212 O.C.
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If No Motion for New Trial
• If Bail Board Bond county, and person not pay final forfeiture judgment, board shall suspend license or judgment shall be paid from security deposited by license holder ‐ 1704.204 O.C., 1704,253 O.C.
Corporation may not act as bail bond surety in county in which corporation is in default on 5 or more bail bonds – 1704.212 (a) O.C.
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If No Motion for New Trial
• If no payment, prosecutor ask clerk to prepare Abstract of Judgment
• Clerk file Abstract of Judgment in County Deed records = lien on title
• Clerk may prepare execution of judgment – to county sheriff to execute
Certain property exempt ‐ Texas Property Code Sec. 42.001, 42.002
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Licensed Bail Bond Surety List to be Posted
• 1704.105. LICENSED BAIL BOND SURETY LIST.
(a) A board shall post in each court having criminal jurisdiction in thecounty, and shall provide to each local official responsible for thedetention of prisoners in the county, a current list of each licensedbail bond surety and each licensed agent of a corporate surety in thecounty.
(b) A list of each licensed bail bond surety and each licensed agent of acorporate surety in a county must be displayed at each location whereprisoners are examined, processed, or confined.
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Final Thoughts
• Bond forfeiture civil case is separate from criminal case
• Shall means “shall” – not discretionary with court– Recovery of payment may be difficult, but law requires forfeiture
• Many misunderstand –unfamiliar Motions filed
• “It’s in the Book” – read the statute(s) or ask questions
• Try baby steps – It’s never too late to start
• Ignorance is not bliss‐ knowledge is power!
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Similarities
Criminal Case
Offense
Probable Cause Affidavit
Fail to Appear = warrant
Complaint
Criminal Docket
Summons
Entitled to judge/jury trial
Can appeal
Found Guilty‐ Fine plus costs
Report Conviction to State
Civil Forfeiture Case
Bond
Fail To Appear Affidavit
Fail to Appear = capias warrant
Judgment Nisi
Scire Facias Civil Docket
‘Citation’
Entitled to judge/jury trial
Can appeal
Found Liable–civil judgment
Some Reported to DPS –TC 543.203
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• Marian Moseley
Presiding Judge Coppell Municipal Court
972‐ 304‐3651
51
Baliffs Conference May 18, 2014 Page 1 of 8
BOND FORFEITURE PROCESS
START
Bond forfeiture
Substitute service
Notice to defendant & any surety
Defendant & surety appear
Appeals
Execution of judgment
STOP
Hearing
Baliffs Conference May 18, 2014 Page 2 of 8
Defendant
appears?
BOND FORFEITURE
START
Defendant fails to
appear
Clerk or Bailiff
attests name
was called
Clerk or Bailiff
calls Def’s name
at door
City Atty moves
for bond
forfeiture
Yes
Judge recalls
case No
STOP
Written
nolo plea &
jury waiver?
Yes No
Judge enters
conviction &
forfeiture
Clerk mails notice to
Defendant:
convicted, bond pays
fine; 10 days for
MFNT
STOP
Judge forfeits
bond, enters
Judgment Nisi
Judge shall
issue
capias
Judge may
require cash
bond
Sureties? Clerk mails copy of
Judgment Nisi &
hearing notice to
Defendant
Judge sets
Hearing at least
48 days in
advance
No
Yes GO TO
“APPEARANCES”
GO TO
“NOTICES”
A civil case
may be filed
Baliffs Conference May 18, 2014 Page 3 of 8
NOTICES
START
Clerk prepares
“citation” for each
surety
Clerk mails copy of
Judgment Nisi to
principal
(defendant)
Service
Yes
Officer able
to serve
surety
Officer
unable to
serve surety
Personal
Service
No
Clerk notes dates
citation to sureties &
notice to defendant
were mailed
Clerk delivers
copies of citation,
Judgment Nisi &
bond to Officer
Officer endorses
citation with date &
hour received
Clerk mails copy of
citation, Judgment Nisi &
bond to surety, &
defendant – certified,
return receipt requested
Officer signs
citation, noting
manner, time &
place served
Clerk fills out
return portion of
citation
Officer notes cause
for failure to serve
& diligence used When green card
returned: clerk
attaches it to original
citation in file Officer returns
citation to court
GO TO
“APPEARANCES
GO TO “SUBSTITUTE
SERVICE”
Green card
signed by
surety?
Choose type of
service on
sureties
Officer returns
citation to court
GO TO
“APPEARANCES
Baliffs Conference May 18, 2014 Page 4 of 8
APPEARANCES
START
GO TO
“APPEALS”
GO TO
“HEARING”
If sureties: wait
until surety’s
answer time has
passed
If traffic offense:
Clerk reports
forfeiture to DPS
Defendant
appears or
answers on
time?
No Yes
Judge or clerk gives
45 days notice of
hearing to all
parties
Defendant not
appear- State
presents proof of
evidence to Judge
City Attorney
moves for default
judgment
Clerk sends notice of
default judgment to Def’s
last known address
Judge has clerk
set case for
hearing
If sureties: wait
until officer’s
return has been on
file 13 days
Judge signs default
judgment of bond
forfeiture
Defendant appears
Yes
Baliffs Conference May 18, 2014 Page 5 of 8
SUBSTITUTE SERVICE
START Clerk notifies City
Attorney of inability to
serve defendant
GO TO
“APPEARANCES”
Officer signs
citation, noting
manner, person,
time & place,
served
Officer returns
citation to court
Officer returns
citation to court
City Attorney prepares
affidavit reciting
unsuccessful personal or
certified mail service
Officer notes cause
for failure to serve
& diligence used
Clerk executes
return of citation:
specifies place and
dates of
publication, attach
copy of publication
Officer endorses
citation with date &
hour received
Clerk delivers
citation to officer
Clerk publishes
citation in paper
once a week for 4
weeks
By
Publication
Officer able
to serve
person
By other
manner
Officer
unable to
serve
person
By leaving
citation with
anyone over 16
at place specified
in affidavit
Successful
service?
City Attorney
petitions judge for
substitute service
Defendants have 28
days from 1st
publication to answer
Defendants have 42
days from issuance of
citation to answer
GO TO
“APPEARANCES”
RETURN TO
START ABOVE
No Yes
Baliffs Conference May 18, 2014 Page 6 of 8
HEARING
GO TO
START
Defenses must be supported by pleadings
Yes
Yes
No
No Good
cause?
Timely request
for jury and paid
$5 fee?
Jury trial Bench trial
If traffic offense: Clerk reports
forfeiture to DPS
Dismiss any sureties who
were not served
County pop. Over 110,000 or has bail bond board: agreed judgment is possible
Judgment must dispose of all
parties
Defense’s case
Reinstate bond – reset criminal
case
Specific pleadings
General Denial
State’s Case
Cost divided equally among
parties
Verified pleadings
Judge or prosecutor
prepares final judgment
STOP
GO TO “APPEALS”
APPEALS
START
Yes No Final
judgment entered?
Surety may request remittitur.
Surety may request special bill
of review
Surety shows grounds listed in Art. 22.17
Surety shows grounds listed in Art. 22.16
Yes Remittutur granted
No Remittutur denied
Yes
Court may reform judgment
Yes Motion for new trial granted?
No
No
Reversed on appeal?
GO TO “HEARING”
GO TO “EXECUTION”
Yes
Criminal Case dismissed, or case reset
with bond
No
GO TO “HEARING”
GO TO “EXECUTION”
Baliffs Conference May 18, 2014
Page 7 of 8
Baliffs Conference May 18, 2014Page 8 of 8
EXECUTIONS
START
Wait 30 days for appeals
Defendants paid in full? Yes
No STOP
City Atty applies to Clerk for execution
Clerk issues execution to
Officer
Officer levies on Defendants’ non-exempt property
in county
Officer sells property at
auction to satisfy judgment
STOP
Statutes on Forfeiture of Bond
CCP 2.12(3) – Peace officers defined
CCP 2.13 – Duties and powers of peace officers
CCP 4.14(e) - Municipal court has jurisdiction over forfeiture and final judgment of all bail bonds and personal bonds taken in criminal case of which court has jurisdiction
CCP 1 5.17 (g) - A magistrate may release the accused on a Personal Recognizance (PR) bond
CCP Chapter 17 – Bail
17.01 – “Bail” defined
17.02 – “Bail Bond” defined
17.03 – Magistrate may release on Personal bond
17.04 – Personal bond requirements
17.06 – Corporation may be a surety on a bond
17.08 – Requirements of bail bond
17.08(5) – “In no event shall a surety be bound after a defendant receives an order of deferred adjudication, is acquitted, sentenced, placed on community supervision, or dismissed from the charge”
17.09 – Duration of a bond to all subsequent proceedings
17.10 – Disqualified surety on bond
17.11 – How Bail Bond is taken. Clerk shall notify in writing the sheriff, chief of police, or other peace officer of final judgment of default. If an offense other than a Class C, court clerk shall send notice of default by certified mail to the last known address of the surety.
17.13 – Sufficiency of Surety to be tested
17.16 – Before forfeiture (judgment nisi), a surety can ask to be released from bond if defendant incarcerated
17.16(a) – Surety may be released from bond if Defendant Principal in jail or surety surrenders defendant
17.19 – A surety may surrender a defendant principal and obtain a warrant (capias)
CCP Chapter 22 - Forfeiture of Bail
22.01 – When bail is forfeited
22.02 – How forfeiture is taken – Defendant’s name called at court house door
22.03 – “Citation” to surety, if any
22.04 – “Citation” to Defendant posting cash bond
22.09 – If surety deceased at time of forfeiture (judgment nisi), forfeiture is still valid
22.10 – Clerk shall put bond forfeiture case on Scire Facias civil docket
22.125 – Powers a judge has in forfeiture cases
22.13 – Only 5 causes that exonerate one from forfeiture of bail
22.14 – Forfeiture judgment is final
22.16 – After forfeiture (judgment nisi) before final judgment, Remitter of bond is possible
22.17 – After final judgment of forfeiture, special bill of review is possible
CCP 23.05 - If forfeiture of bail is declared, a capias shall be immediately issued for the arrest of a defendant, not later than 10 days after court orders forfeiture. Judge may require cash bond in lieu of surety bond. CCP 27.14(c) – Payment of a fine or an amount accepted by the court = finding of Guilty as if defendant plead No Contest and waived jury trial CCP 44.42 – Appeal of bond forfeiture CCP 45 Justice and Municipal Courts 45.014(a) – If sworn complaint or probable cause affidavit is filed, judge may issue a warrant for the arrest of the accused 45.016 – A judge may require a defendant to pose bail to secure defendant’s appearance
45.042 – Appeal of final judgment of bond forfeiture from municipal court 45.044 – Judge may enter judgment of conviction and forfeit cash bond in satisfaction of fine and costs if a plea of No Contest and Defendant fails to appear as bond required (and court notifies defendant) 45.045 – Capias Pro Fine – after judgment and failure to pay criminal fine, judge may order capias pro fine for arrest 45.051(a) – Order of deferral terminates any liability under bail bond given for charge 45.0511(t) – Judge’s order on Driving Safety terminates liability under bail bond given for charge 45.202 – Service of process in municipal court
Government Code 29.003(e) – Municipal court has jurisdiction in forfeiture and final judgment of all bail bond and personal bonds taken in criminal cases in which court has jurisdiction Occupations Code Sec 1704 – Regulation of bail bond sureties
1704.001 – “Bail bond” and “bail bond surety” defined 1704.002 – Occupations Code applies to counties greater than 110,000 (or if board created) 1704.101 – Authority of Bail Bond Board to regulate bonding business 1704.105 – Licensed bail bond surety list to be displayed where prisoners are examined, processed… 1704.152, 1704.153, 1704.154 – Individual and corporation requirements to be licensed as surety 1704.163(a) – Attorney may execute bail or be surety if licensed to practice law AND files notice of appearance as counsel of record in criminal case for which was executed; person executing bail bond/surety not relieved of liability of bond solely because person is later replaced as attorney of record in criminal case. 1704.204 – Person shall pay a final judgment on forfeiture of bail bond not later than 31 days after motion for new trial overrule 1704.205 – Before final judgment of forfeiture, prosecuting attorney may settle with surety 1704.207 – Surety may surrender the principal 1704.208 – Person executing bail bond is relieved of liability on date of disposition of case for which posted 1704.212 – A corporation may not be bail bond surety if in default on 5 or more bonds 1704.2535 – Bail bond board shall notify sheriff if bail bond surety fails to pay final judgment. Sheriff may not accept bonds until surety pays judgment
Texas Rules of Civil Procedure
Rule 21a – Methods of Service of citation on defendant or surety
Rule 26 – Clerk shall keep docket of permanent records of civil case numbers, names of parties, names of attorneys, nature of action, pleas, motions, and rulings of the court Rule 92 – General Denial defined Rule 99 – Issuance and requirements of civil citation Rule 103 – Who may serve civil citation – person authorized by law Rule 106 – Methods of service of civil citation – personal or substitute service Rule 107 – How a citation that has been served is returned Rule 109 – Service of citation by publication Rule 216 – Defendant may request a jury trial in writing and pay jury fee Rule 245 – Time to set civil case
Servicemembers Civil Relief Act, U.S. Code Title 50 – court cannot enter default civil judgment against active duty service member or their dependents. State must file affidavit that Defendant is or is not in military. Texas Property Code – 42.001 – property that is exempt from execution, attachment, or garnishment Resources on Bond Forfeitures TMCEC Judge's Regional Seminar - 2001- Judge Steve Williamson, Bond Forfeitures TMCEC Recorder, March 2007 - Bail Bonds for All, Reprise TMCEC 2011 Texas Magistrates Reference Guide TMCEC 2013 Forms book - Section on Bond Forfeiture, pages 73 – 86 TMCEC 2013 Bench Book - Chapter 9 - Bond Forfeitures, pages 183 – 195
