Do You Still Have To Pay A Bonding Company If Charges Are Dropped?
Penal Code §1305(b), requires written discover to the bail agent and surety, and there was no dispute that the bail agent didn’t receive written notice due to the clerk’s error in addressing the envelope. Actual, but not written, discover does not fulfill the statutory requirement.
General Agent/company For Bail
Penal Code §1305(b) requires that the surety shall be launched if notice of forfeiture is not mailed inside 30 days after entry of the forfeiture. The Court held that the clerk could not overrule the judge and the forfeiture occurred on February 13 and the March 9 notice, although mailed within 30 days, couldn’t be stretched to encompass the February 13 forfeiture.
In People v. Seneca Insurance Company, 2004 WL (Cal. App. May 26, 2004) the defendant failed to look for arraignment however no complaint had been filed and the arraignment was continued. He also failed to appear on the new date, and the bond was forfeited. The clerk, nonetheless, mailed the bail agent’s discover of forfeiture to the incorrect tackle. The state represented that the bail agent was current in court, nevertheless, and thus acquired precise notice of the forfeiture.
First, the courtroom held that the failure to forfeit the bond at the first non-appearance was not a protection as a result of the arraignment couldn’t have gone forward so the defendant’s presence was not lawfully required. Second, the court docket held that the defendant was not … Read More