Bail

Security required (monetary amount) for the release of a person from jail

Bond

Obligation for the amount of bail by the person who signs the bond

Accommodation bondsman

Not a licensed bail bondsman but uses value or property to get someone out of jail. THis 

person cannot take money

Bail bond

Undertaking by the principal to appear in court as required upon penalty of forfeiting bail to 

the state in a stated amount

What are the ways a person can promise to be in court

Unsecured bond

Premium secured

Cash deposit-full amount of the bond`

Mortgage

Least one solvent surety- 2 or more persons can combine incomes

Insurer

Any domestic, foreign, or alien surety company which has qualified generally to transact bail 

bond business in this state

Obliged

Principal or surety on a bail bond

Principal

Defendant or witness obligated to appear in court

Resident

Who lives in the state for 6 consecutive months

Runner

A person employed by a professional bondsman for the purpose of assisting the bail 

bondsman in presenting the defendant in court or executing bonds on behalf of the licensed 

bondsman when the power of attorney has been recorded.

Surety

One who with the principal is liable for the amount of the bail bond upon forfeiture of the 

bail.

Collateral

Something else the bondsman holds besides the 15% premium

What is the purpose of collateral

Protect the bondsman from loss in the event of a forfeiture

What are types of collateral

Money or negotiable instrument

Personal property, cars, etc (moveable)

Real property, houses, buildings (nonmoveable)

Indemnity agreements, a civil contract basically a promissory note

How much collateral can a bondsman take

Up to 100% of the bond

Where must collateral be stored

trust account in NC bank

Separate from personal or business account

Trust account funds shall be funds collected as collateral on bail bonds only

The trust account funds are not to be commingled with other funds

The collateral funds must be deposited in trust account within 2 banking days after receipt

How is property collateral stored

Bondsman is liable for any damages

Must be returned in the same condition

Bondsman using collateral other than paying forfeiture may be held civil and criminally 

liable

How should collateral be returned

In the same condition it was received in.

WIthin 15 days.

Failure to return collateral can lead to revoked license

Failure to return collateral in excess of $1500 can lead to criminal charges

How long does the surety have to return the principal

150 days

What are the reasons to have a forfeiture set aside

1)FTA been set aside by the court and order for arrest has been recalled

2) charges for which the defendant has bonded have been disposed by the court other than the 

dismissal with leave.

3)defendant has been surrendered by surety

4)Def. served with order for arrest for the FTA

5) def. died

6)Def. is incarcerated in NC or U.S.

Where do the three copies of the bond forfeiture notice get copied to

School board attorney, D.A., Clerk of court

What is needed to file a forfeiture of bond

Motion and Certificate of service

How many motions is allowed within the 150 days

1

Anytime before the expiration of 150 days, the defendant, surety, professional bondsman, 

runner for a professional bondsman, or surety bondsman for an insurance company may make 

a ______ ______ that the forfeiture to be set aside

Written motion

What happens after you file a motion for a forfeiture to be set aside

If the DA, school board attorney objects to the motion, there will be a hearing within 30 days 

afterthought objection is filed where the defendant was bonded to appear.

The court will not set aside a forfeiture if a bondsman signs a bond for a defendant

Who has already failed to appear twice in the case for which he was charged and the 

bondsman had actual notice of the defendants prior failures to appear

How does the bondsman get actual notice of a defendants FTA

Defendants condition of release and release order. ACTUAL NOTICE of 2 failures to appear 

shall be indicated on the defendants release order by a judicial official.

If you pay a bond do you ever get your money back?

Anytime before the expiration of 3 years any surety, professional bondsman, runner for a 

professional bondsman, or surety bondsman acting behalf of an insurance company make a 

written motion for relief

How many motions are allowed within 3 years to remit the bond

1

What are the only 2 reasons to get your money back on a bond

The surety was not notified of the defendants failure to appear in court by the 30th day after 

the defendants failure to appear.

Other extraordinary circumstances exist that the court, in its discretion, determines should 

entitle that person to relief.