Court Hearings
Ironically, entry of judgment in opposition to the surety, who admittedly obtained notice, is no less than postponed because the state didn’t establish it gave another person discover. In Jones v. Robbin, 2009 WL (D.S.C. January 21, 2009) the bail agent seized the defendant and surrendered him to the county jail where he remained at the time the swimsuit was filed. The prisoner sued the jail warden and the bail agent alleging that a South Carolina statute on surrender of defendants by bail sureties had not been adopted to the deprivation of the prisoner’s civil rights. The courtroom reviewed and dismissed the professional se grievance for failure to state a claim for aid.
It was clear throughout the file that Granite was the surety, but the decide erroneously entered the judgment against the bail agent, Exit Bail Bonds. Clerical errors in judgments can be corrected, and the courtroom of appeals held that there was no proof the Judge actually meant to hold the agent liable as an alternative of the surety. In People v. American Contractors Indemnity Company, 2003 WL (Cal. App. October 8, 2003) the surety moved to set aside abstract judgment on a bail bond as a result of the abstract judgment had been entered before expiration of the 185 day period during which the defendant’s appearance would exonerate the surety.
The court docket held that the bail bondsman was not a state actor for purposes of the federal civil rights statute, 42 U.S.C. §1983. In … Read More
