15A-544.1. Forfeiture jurisdiction. By executing a bail bond the defendant and each surety submit to the jurisdiction of the court and irrevocably consent to be bound by any notice given in compliance with this Part. The liability of the defendant and each surety may be enforced as provided in this Part, without the necessity of […]
15A-544.2. Identifying information on bond. (a) The following information shall be entered on each bail bond executed under Part 1 of this Article: (1) The name and mailing address of the defendant. (2) The name and mailing address of any accommodation bondsman executing the bond as surety. (3) The name and license number of any […]
15A-544.3. (Effective until January 1, 2023) Entry of forfeiture. (a) If a defendant who was released under Part 1 of this Article upon execution of a bail bond fails on any occasion to appear before the court as required, the court shall enter a forfeiture for the amount of that bail bond in favor of […]
15A-544.4. Notice of forfeiture. (a) The court shall give notice of the entry of forfeiture by mailing a copy of the forfeiture to the defendant and to each surety whose name appears on the bail bond. (b) The notice shall be sent by first-class mail to the defendant and to each surety named on the […]
15A-544.5. (Effective until January 1, 2023) Setting aside forfeiture. (a) Relief Exclusive. – There shall be no relief from a forfeiture except as provided in this section. The reasons for relief are those specified in subsection (b) of this section. The procedures for obtaining relief are those specified in subsections (c) and (d) of this […]
15A-544.6. Final judgment of forfeiture. A forfeiture entered under G.S. 15A-544.3 becomes a final judgment of forfeiture without further action by the court and may be enforced under G.S. 15A-544.7, on the one hundred fiftieth day after notice is given under G.S. 15A-544.4, if: (1) No order setting aside the forfeiture under G.S. 15A-544.5 is […]
15A-544.7. Docketing and enforcement of final judgment of forfeiture. (a) Final Judgment Docketed As Civil Judgment. – When a forfeiture has become a final judgment under this Part, the clerk of superior court, under G.S. 1-234, shall docket the judgment as a civil judgment against the defendant and against each surety named in the judgment. […]
15A-544.8. Relief from final judgment of forfeiture. (a) Relief Exclusive. – There is no relief from a final judgment of forfeiture except as provided in this section. (b) Reasons. – The court may grant the defendant or any surety named in the judgment relief from the judgment, for the following reasons, and none other: (1) […]
15A-546. Contempt. Nothing in this Article is intended to interfere with or prevent the exercise by the court of its contempt powers. (1973, c. 1286, s. 1.)
15A-547. Right to habeas corpus. Nothing in this Article is intended to abridge the right of habeas corpus. (1973, c. 1286, s. 1.)
15A-547.1. Remit bail bond if defendant sentenced to community or intermediate punishment. If a defendant is convicted and sentenced to community punishment or intermediate punishment and no appeal is pending, then the court shall remit the bail bond to the obligor in accordance with the provisions of this Article and shall not require that the […]