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P. Art. 345 allows the surety six months from the mailing of discover of bond forfeiture in which to give up the defendant. The surety moved to extend the period, the state withdrew its opposition to the movement, and the trial court granted an extension. The surety surrendered the defendant one day after expiration of the extended period. The Court of Appeals held that the trial court docket didn’t have discretion to increase the surrender interval, and even when the state’s acquiescence legitimized the extension, the surrender was not within the prolonged interval. In addition, the varied statutory procedures to obtain reduction from the forfeiture were not followed.
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The Court affirmed the trial courtroom’s dismissal of the surety’s petition to nullify the judgment. In Safety National Casualty Corp. v. State, 986 So.second 802 (La.App. 2008) the defendant appeared and eventually pled guilty, but he failed to appear for sentencing.
The court issued a bench warrant and, virtually two months later, signed a judgment of bond forfeiture. The clerk mailed notice of the bond forfeiture shortly after the written order of forfeiture. The surety didn’t appeal the judgment and did not assert defenses by abstract proceedings inside 60 days of the date the notice was mailed. The third avenue available to it to obtain relief from the judgment was to file a civil motion asserting nullity of the judgment. Such a nullity action is out there if the judgment was obtained by … Read More
