GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION
CHAPTER 321
The General Assembly of North Carolina enacts:
Section 1. G.S 15A-544(b), (c), and (d) read as rewritten:
"(b) If the principal does
not comply with the conditions of the bail bond, the court having jurisdiction
must enter an order declaring the bail to be forfeited. If forfeiture is
ordered by the court, a copy of the order of forfeiture and notice that
judgment will be entered upon the order after 30 60 days must be
served on each obligor. Service is to be made by the sheriff by delivery
of the order and notice to him or by delivery at his dwelling house or place of
abode with some person of suitable age and discretion residing therein.
If the sheriff is unable to effect service because an obligor cannot be found
or has no dwelling house or place of abode known to the sheriff, he must file a
return to this effect; the clerk must then mail a copy of the order of
forfeiture and notice to the obligor at his address of record and note on the original
the date of mailing. Service is complete three days after the mailing.
(c) If the principal does
not appear before the court having jurisdiction within 30 60 days
of the date of service, or on the first day of the next session of court
commencing more than 30 60 days after the date of service, and
satisfy the court that his appearance on the date set was impossible or that
his failure to appear was without his fault, the court must enter judgment for
the State against the principal and his sureties for the amount of the bail and
the costs of the proceedings. If the principal appears within the time
allowed following the date of service and satisfies the court that his
appearance on the date set was impossible or that his failure to appear was without
his fault, the order of forfeiture must be set aside. If the principal
appears but is unable to satisfy the court that his appearance on the date set
was impossible or that his failure to appear was without his fault, but the
court determines that justice does not require the forfeiture of the full
amount of the bond, the court may enter judgment in an amount it considers
appropriate.
(d) To facilitate the
procedure under this section, the clerk in each county must present a
forfeiture roll at the first session of superior court commencing more than 30
60 days after the entry of any order of forfeiture in either the
district or superior court. The forfeiture roll must list the names of
all principals as to which forfeiture has been ordered in the county in the
past three years and as to which judgments of forfeiture against obligors have
not been entered or, if entered, not yet satisfied by execution. In
addition, the forfeiture roll must show the amount of the bond ordered
forfeited in each case and the names of all sureties liable on each bond."
Sec. 2. This act shall become effective October 1, 1987.
In the General Assembly read three times and ratified this the 8th day of June, 1987.