Form AOC-CR-213 "Bond Forfeiture Notice" - North Carolina

What Is Form AOC-CR-213?

This is a legal form that was released by the North Carolina Court System - a government authority operating within North Carolina. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on October 1, 2018;
  • The latest edition provided by the North Carolina Court System;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;

Download a fillable version of Form AOC-CR-213 by clicking the link below or browse more documents and templates provided by the North Carolina Court System.

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Download Form AOC-CR-213 "Bond Forfeiture Notice" - North Carolina

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File No.*
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District
Superior Court Division
Name And Mailing Address Of Record Of Defendant
BOND FORFEITURE NOTICE
G.S. 15A-544.3, -544.4, -544.5
Amount Of Bond
Date Of Bond
Name And Address Of Record Of Bail Agent/Runner
$
Name And Address Of Record Of Surety 1
Power Of Appointment No. Of Bail Agent
Lic. No. Of Agent/Runner
Name And Address Of Record Of Surety 2
Name And Address Of School Board Attorney
FORFEITURE
The defendant and surety named above bound themselves for the appearance of the defendant by execution of the appearance bond noted above. The
defendant 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.
Failure To Appear Date
Date Issued
Final Judgment Date
Name Of Judge (type or print)
Signature Of Judge
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 set aside 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 and Juvenile Justice 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 and Juvenile Justice of the Department of Public Safety or Federal Bureau 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 it 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.
CERTIFICATE OF SERVICE
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.
Date Notice Given
Signature
Deputy CSC
Assistant CSC
Clerk Of Superior Court
*Additional File Nos.
(Over)
AOC-CR-213, Rev. 10/18, © 2018 Administrative Office of the Courts
File No.*
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District
Superior Court Division
Name And Mailing Address Of Record Of Defendant
BOND FORFEITURE NOTICE
G.S. 15A-544.3, -544.4, -544.5
Amount Of Bond
Date Of Bond
Name And Address Of Record Of Bail Agent/Runner
$
Name And Address Of Record Of Surety 1
Power Of Appointment No. Of Bail Agent
Lic. No. Of Agent/Runner
Name And Address Of Record Of Surety 2
Name And Address Of School Board Attorney
FORFEITURE
The defendant and surety named above bound themselves for the appearance of the defendant by execution of the appearance bond noted above. The
defendant 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.
Failure To Appear Date
Date Issued
Final Judgment Date
Name Of Judge (type or print)
Signature Of Judge
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 set aside 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 and Juvenile Justice 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 and Juvenile Justice of the Department of Public Safety or Federal Bureau 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 it 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.
CERTIFICATE OF SERVICE
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.
Date Notice Given
Signature
Deputy CSC
Assistant CSC
Clerk Of Superior Court
*Additional File Nos.
(Over)
AOC-CR-213, Rev. 10/18, © 2018 Administrative Office of the Courts
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, 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.
Pursuant to G.S. 15A-544.5, the undersigned moves that the forfeiture on the reverse be set aside for the following reason(s):
1. 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.
2. 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.
3. 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).
4. 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.
5. 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.
6. The defendant was incarcerated in a unit of the Division of Adult Correction and Juvenile Justice 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 copy
of a document from the Division of Adult Correction and Juvenile Justice or Federal Bureau of Prisons, including an electronic record.
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 or between the failure to appear and the final judgment date, 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.
Name And Address Of Moving Party (type or print)
Date
Signature
New Address
Moving Party:
Defendant
Surety:
Signed By:
Self
Bail Agent
Runner
Attorney
Other:
MOVING PARTY’S CERTIFICATE OF SERVICE
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.”
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 for the county board of education by
mailing a copy to each by first-class mail.
personally delivering a copy to each.
Date Of Service
Name Of Moving Party (type or print)
Signature Of Moving Party
OBJECTION AND NOTICE 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 Of Hearing
Time Of Hearing
Location Of Hearing
AM
PM
Date
Name (type or print)
Signature
School Board Atty.
DA
Asst. DA
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
Name (type or print)
Signature
School Board Atty.
DA
Asst. DA
ORDER ON OBJECTION
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.
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.
Therefore, it is ORDERED that:
The above Motion is allowed and the forfeiture is set aside.
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.
Date
Name Of Judge (type or print)
Signature Of Judge
AOC-CR-213, Side Two, Rev. 10/18
© 2018 Administrative Office of the Courts
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