North Carolina > Statewide > Criminal
Bond Forfeiture Notice CR-213 - North Carolina
| Bond Forfeiture Notice Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA County Name And Mailing Address Of Record Of Defendant File No.* In The General Court of Justice District Superior Court Division BOND FORFEITURE NOTICE G.S. 15A-544.3; -544.4 Amount Of Bond Date Of Bond Name And Address Of Record Of Bail Agent $ Name And Address Of Record Of Surety 1 Power Of Appointment No. Of Bail Agent Name And Address Of Record Of Surety 2 Name And Address Of School Board Attorney License No. Of Bail Agent FORFEITURE The defendant and surety named above bound themselves for the appearance of the defendant by execution of the appearance bond noted above. The defendant was called in open court and failed to appear on the date of forfeiture as shown below. It is ORDERED that the appearance bond be forfeited. Failure To Appear Date Date Issued Final Judgment Date Name Of Judge (Type Or Print) Signature Of Judge NOTICE TO DEFENDANT AND EACH SURETY NAMED ABOVE The defendant named above has failed to appear as required before the court in the case identified above. A forfeiture for the amount of the bail bond shown above was entered in favor of the State against the defendant and each surety named above on the date of forfeiture shown above. This forfeiture will be set aside if, on or before the final judgment date shown above, satisfactory evidence is presented to the court that one of the following events has occurred: (i) the defendant's failure to appear has been stricken by the court in which the defendant was required to appear and any order for arrest that was issued for that failure to appear is recalled, (ii) all charges for which the defendant was bonded to appear have been finally disposed by the court other than by the State's taking a voluntary dismissal with leave, (iii) the defendant has been surrendered by a surety or bail agent to a sheriff of this State as provided by law, (iv) the defendant has been served with an Order for Arrest for the Failure to Appear on the criminal charge in the case in question as evidenced by a copy of an official court record, including an electronic record, (v) the defendant died before or within the period between the forfeiture and the final judgment as demonstrated by the presentation of a death certificate, (vi) the defendant was incarcerated in a unit of the North Carolina Division of Adult Correction and is serving a sentence or in a unit of the Federal Bureau of Prisons located within the borders of the State at the time of the failure to appear as evidenced by a copy of an official court record or a copy of a document from the Division of Adult Correction, or Federal Bureau of Prisons, or (vii) the defendant was incarcerated in a local, state or federal detention center, jail, or prison located anywhere within the borders of the United States at the time of the failure to appear, and the district attorney for the county in which the charges are pending was notified of the defendant's incarceration while the defendant was still incarcerated and the defendant remains incarcerated for a period of 10 days following the district attorney's receipt of notice as evidenced by a copy of the written notice served on the district attorney via hand delivery or certified mail and written documentation of date upon which the defendant was released from incarceration, if the defendant was released prior to the time the motion to set aside was filed. The forfeiture will not be set aside for any other reason. If this forfeiture is not set aside on or before the final judgment date shown above, and if no motion to set aside is pending on that date, the forfeiture will become a final judgment on that date. The final judgment will be enforceable by execution against the defendant and any accommodation bondsman and professional bondsman on the bond. The final judgment will also be reported to the Department of Insurance. Further, no surety will be allowed to execute any bail bond in the above county until the final judgment is satisfied in full. CERTIFICATE OF SERVICE I certify that on this date I mailed a copy of this Notice of the above Forfeiture by first-class mail to the defendant and each surety at the address of record shown. Date Notice Given Signature Deputy CSC Clerk Of Superior Court Assistant CSC Additional File Nos.* MOTION TO SET ASIDE FORFEITURE NOTE: Complete both the Motion and Moving Party's Certificate Of Service Of Motion To Set Aside Forfeiture. Copy both sides of this form before filing. Pursant to G.S. 15A-544.5, the undersigned moves that the above forfeiture be set aside for the following reason(s): 1. The defendant's failure to appear has been set aside by the court and any order for arrest issued for that failure to appear has been recalled, as evidenced by the attached copy of the official court record. 2. All charges for which the defendant was bonded to appear have been finally disposed by the court other than by the State taking a dismissal with leave, as evidenced by the attached copy of the official court record. 3. The defendant has been surrendered by a surety on the bail bond as provided by G.S. 15A-540, as evidenced by the attached "Surrender Of Defendant By Surety" (AOC-CR-214). 4. The defendant has been served with an order for arrest for the failure to appear on the criminal charge in the case in question as evidenced by a copy of an official court record, including an electronic record. AOC-CR-213, Rev. 1/12 © 2012 Administrative Office of the Courts (Over) American LegalNet, Inc. www.FormsWorkFlow.com 5. The defendant died before or within the period between the forfeiture and this Motion, as evidenced by the attached copy of the defendant's death certificate. 6. The defendant was incarcerated in a unit of the North Carolina Division of Adult Correction and is serving a sentence or in a unit of the Federal Bureau of Prisons located within the borders of the state at the time of the failure to appear as evidenced by a copy of an official court record or copy of a document from the Division of Adult Correction or Federal Bureau of Prisons, including an electronic record. 7. The defendant was incarcerated in a local, state, or federal detention center, jail, or prison located anywhere within the borders of the United States at the time of the failure to appear, and the district attorney for the county in which the charges are pending was notified of the defendant's incarceration while the defendant was still incarcerated and the defendant remains incarcerated for a p
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