Fill and Sign the Gs 15a 5444 Page 115a 5444 Notice of Forfeiture a Form

(Over) © 2016 Administrative Office of the Courts In The General Court of Justice County BOND FORFEITURE NOTICEG.S. 15A-544.3, -544.4, -544.5 Name And Mailing Address Of Record Of Defendant District Superior Court Division File No.* STATE OF NORTH CAROLINA Date Of Bond Name And Address Of Record Of Surety 1 Name And Address Of Record Of Bail Agent/Runner $ Amount Of Bond Name And Address Of School Board Attorney Name And Address Of Record Of Surety 2 Power Of Appointment No. Of Bail Agent The def endant and surety named above bound themselves for the appearance of the def endant by execution of the appearance bond noted above. The def end ant 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. FORFEITURE Signature CERTIFICATE OF SERVICE Date Notice Given 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. * Additional File Nos. Failure To Appear Date Signature Of Judge Name Of Judge (Type Or Print) Date Issued Final Judgment Date NOTICE TO THE 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 setaside 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 Division of Adult Correction of the Department of Public Safety 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 of the Department of Public Safety or FederalBureau 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. Assistant CSC Deputy CSC Clerk Of Superior Court AOC-CR-213, Rev. 12/16 Lic. No. Of Agent/Runner MOTION TO SET ASIDE FORFEITURE NOTE: G.S. 15A-544.5(d)(1) provides that at any time before the expiration of one hundred and fifty (150) days after the “Date Notice Given” on the reverse, © 2016 Administrative Office of the Courts AOC-CR-213, Side Two, Rev. 12/16 Signature Name And Address Of Moving Party (Type Or Print) Date New Address 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 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 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. 5. 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. 6. Pursuant to G.S. 15A-544.5, the undersigned moves that the forfeiture on the reverse be set aside for the following reason(s): 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). 3. 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. 2. 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. 4. 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. 1. The defendant was incarcerated in a unit of the Division of Adult Correction and is serving a sentence or in a unit of the Federal Bureau of Prisons a party on the bail bond may make a written motion that the forfeiture be set aside. The motion “shall state the reason for the motion and attach to the motion the evidence specified in [G.S. 15A-544.5(b)].” Complete this Motion and the Moving Party’s Certificate of Service below. Copy both sides of this form before serving. Signed By: Self Corporate Officer Bail AgentMoving Party Defendant Surety: MOVING PARTY’S CERTIFICATE OF SERVICE Runner Attorney The Court finds does not find that the moving party has established one or more of the reasons specified in G.S. 15A-544.5 for setting aside that forfeiture. NOTE TO THE COURT: G.S. 15A-544.5(a) provides, "There shall be no relief from a forfeiture except as provided in this section. The reasons for relief are those specified in [G.S. 15A-544.5(b)]," which also provides, "a forfeiture shall be set aside for any one of the following reasons, and none other." The reasons are those set forth in the above Motion To Set Aside Forfeiture. The above Motion is denied and the forfeiture shall become a final judgment of forfeiture on the later of this date or one hundred and fifty (150) days after the "Date Notice Given" as shown on the reverse side. The above Motion is allowed and the forfeiture is set aside. Upon due notice, a hearing was held on the above Objection to the Motion To Set Aside Forfeiture. The Court finds that on the "Date Of Bond" shown on the reverse the moving party named above executed a bond for the defendant's appearance in the case(s) identified, and in the "Amount Of Bond" shown, on the reverse. On the "Failure To Appear Date" shown on the reverse, the defendant failed to appear to answer the charges in the case(s), and forfeiture of the bond was entered on that date. Notice of forfeiture was mailed to the moving party on the "Date Notice Given" shown on the reverse. Therefore, it is ORDERED that: OBJECTION AND NOTICE OF HEARING ORDER ON OBJECTION Time Of Hearing Date Of Hearing AM PM Location Of Hearing The district attorney board of education objects to the foregoing Motion. A hearing on this Objection will be held at the date, time and location below. Date Signature Of Judge Name Of Judge (Type Or Print) CERTIFICATE OF SERVICE OF OBJECTION AND NOTICE OF HEARING I certify that on this date I served a copy of the above Objection And Notice Of Hearing on the moving party by first-class mail. personal delivery. Date Signature Name (Type Or Print) School Board Atty DA Asst DA Date Signature Name (Type Or Print) School Board Atty DA Asst DA The moving party hereby certifies that a copy of the above Motion To Set Aside Forfeiture was served on the district attorney for this county and the attorney mailing a copy to each by first class mail. personally delivering a copy to each. Date Of Service Signature Of Moving Party Name Of Moving Party (Type Or Print) for the county board of education by NOTE: G.S. 15A-544.5(d)(2) provides, “The motion shall be filed in the office of the clerk of superior court of the county in which the forfeiture was entered. The moving party shall, under G.S. 1A-1, Rule 5, serve a copy of the motion on the district attorney for that county and on the attorney for the county board of education.”