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Current as of January 01, 2023 | Updated by Findlaw Staff
A. If a defendant fails to appear after January 1, 2017, and a judgment of bond forfeiture rendered against a commercial surety company has not been satisfied, nor has a suspensive appeal been timely perfected, the prosecuting attorney may file with the court, in the parish where the bail undertaking is forfeited, a rule to show cause why that commercial surety company should not be prohibited from executing criminal bail undertakings before the court issuing the judgment of bond forfeiture.
B. At the rule to show cause, the court may consider only issues which would interrupt the enforceability of the judgment. The court may issue an order enjoining the commercial surety company from posting criminal bail undertakings before the court issuing the judgment of bond forfeiture if the judgment has not been satisfied within ten days and if the court finds all of the following:
(1) A defendant failed to appear after January 1, 2017, and a judgment of bond forfeiture has been rendered against the commercial surety.
(2) Proper notice pursuant to Code of Criminal Procedure Article 339 has been mailed.
(3) The defendant has not been surrendered, constructively surrendered, nor appeared within one hundred eighty days of the execution of the certificate that notice of warrant for arrest was sent.
(4) The time delays for taking a suspensive appeal, as set forth in Code of Civil Procedure Article 2123, have run and no suspensive appeal has been taken.
(5) The judgment of bond forfeiture has not been satisfied by payment.
C. The burden of proof at the hearing shall be upon the commercial surety by a preponderance of evidence and shall be limited to documents contained in the official court record where the judgment was rendered. The surety company may use evidence not contained in the record to show that it did not receive notice of the signing of the judgment of bond forfeiture.
Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 15, § 85. Failure to satisfy judgment of bond forfeiture - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-15-sect-85/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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