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Clerk Handbooks
Municipal Clerk Manual – Courts without JIS



Section/Rule:
2.3

Subject:
Chapter 2 - Pre-Trial/Trial Procedures
Publication / Adopted Date:
February 1992

Topic:
Bond Forfeiture
Revised / Effective Date:
September 2020
Municipal Clerk Manual
Courts Without JIS
Chapter Two - Pre-Trial/Trial Procedures


2.3 – BOND FORFEITURE

References
Statutes: 374.763 and 479.210, RSMo
Supreme Court Rules: 33.14 and 37.26
Published: February 1992
Revised: September 2020

Quick Index

Clerk’s Duties/Procedures
Disbursement of Forfeited Bonds

Introduction

If there is a breach of a condition of a bond; e.g., when a defendant fails to appear for a scheduled court appearance, the court may declare a Bond Forfeiture.

Upon filing of a motion by the prosecuting attorney, the court may enter a judgment awarding the bond money to the municipality. If it appears that enforcement of the judgement is not necessary, the court may direct the forfeiture be set aside.

Before the judgement of bond forfeiture, the parties must be notified of the filing of the motion and the hearing date that has been set. Supreme Court Rules 33.14 and 37.26, which address bond forfeitures, both provide that the motion and notice of hearing as the court prescribes must be served on the clerk of the court, who shall mail a copy to each of the obligors.

A bond forfeiture should not be confused with the practice of using bond money to satisfy costs and fines in a disposed case. Unless the charge is dismissed, the case remains pending after a judgment of forfeiture; i.e., a warrant may be issued and the defendant can be arrested, released on bond and eventually tried.

Disbursement of Forfeited Bonds

(Section 479.210, RSMo)

Bond forfeiture judgment monies on municipal ordinance cases heard in the associate division are to be turned over to the municipal treasury.

Clerk’s Duties/Procedures

The bond forfeiture process starts by either of the following two procedures, the judge declares forfeiture or the motion for bond forfeiture is filed by the prosecutor.

Judge Declares Forfeiture

1. Make an entry on the case record to indicate the bond forfeiture order by the judge and any relevant details regarding the order.

2. Set the case for hearing as directed by the judge or in accordance with local practice.

3. Prepare and provide copies of the Declaration of Bond Forfeiture and Notice of Hearing to the prosecuting or circuit attorney, the defendant and sureties, if any, in accordance with local practice. A Declaration of Bond Forfeiture and Notice of Hearing (CR45) form follows this section.

4. Make an entry on the case record to indicate the Declaration of Bond Forfeiture and Notice of Hearing and any relevant details regarding copies of the declaration of bond forfeiture and notice of hearing sent to the prosecuting or circuit attorney, defendant and sureties, if any.

5. File the document in the case file.

Motion for Bond Forfeiture filed by Prosecutor

1. Date file stamp the motion for bond forfeiture when received from the prosecuting or circuit attorney. See Court Clerk Handbook section 100.02, Date File Stamp.

2. Make an entry on the case record to indicate the motion for bond forfeiture received from the prosecuting attorney and any relevant details regarding the motion.

3. File the document in the case file. 4. Prepare and provide copies of the motion and notice of filing to the defendant and sureties, if any.

Bond Forfeiture Judgment Ordered

1. Make an entry on the case record to indicate the bond forfeiture judgment entered and any relevant details regarding the bond forfeiture judgment.

2. Disburse the bond money in accordance with local practice.

3. File the document in the case file.

Bond Forfeiture Judgment Is Not Ordered

1. Make an entry on the case record to indicate a bond forfeiture judgment was not ordered. 1. File the document in the case file. 3. File the case with other pending cases.

Unsatisfied Judgment Entered (Non-Monetary Bond)

1. Prepare and provide copies of the Notice of Bond Forfeiture Judgment/Notice of Satisfaction of Judgment to the defendant and sureties, if any. A Notice of Bond Forfeiture Judgment/Notice of Satisfaction of Judgment (CR130) form follows this section.

2. Make an entry on the case record to indicate the entry of the bond forfeiture judgment and any relevant details regarding the bond forfeiture judgment entered and when and to whom copies were provided.

3. Calendar the case for review for six months from the date the Notice of Bond Forfeiture Judgment was issued.

Bail Bonds Agents (Section 374.763, RSMo)

Unsatisfied judgments against bail bond agents and sureties, and subsequent satisfactions of those judgments, are to be reported to the Department of Insurance (DOI). If any final judgment ordering forfeiture of a defendant’s bond is not paid within six months, the court shall extend the judgment date or notify DOI of the failure to satisfy the judgment. DOI will not take action on a Notice of Bond Forfeiture Judgment received before expiration of the six month time period. DOI is the licensing authority for bail bond agents doing business in Missouri and produces monthly reports listing licensed bail bond agents and corporations. The lists are available on DOI’s website at http://insurance.mo.gov/agents/bailbondagents.php
To report unsatisfied judgments not paid within six months, send DOI a copy of the forfeiture judgment with the Notice of Bond Forfeiture Judgment/Notice of Satisfaction of Judgment attached to:

A Notice of Bond Forfeiture Judgment/Notice of Satisfaction of Judgment (CR130) form follows this section.

When the judgment is satisfied, send a letter or a copy of the Notice of Bond Forfeiture Judgment/Notice of Satisfaction of judgment form, with the bottom half completed, to:

1. Make an entry on the case record to indicate a copy of the bond forfeiture judgment attached to the Notice of Bond Forfeiture Judgment/Notice of Satisfaction of Judgment was sent to DOI. 2. File a copy of the document in the case file.

Satisfaction of Judgment (Non-Monetary Bond)

1. Pull the case file and complete the Notice of Satisfaction of Judgment section on the Notice of Bond Forfeiture Judgment/Notice of Satisfaction of Judgment (CR 130) section of the form.

2. Make an entry on the case record to indicate satisfaction of judgment filed and any relevant details regarding the satisfaction, when and to whom copies of the satisfaction were provided.

3. Forward the Notice of Bond Forfeiture Judgment/Notice of Satisfaction of Judgment to the person or office who qualifies sureties for the county or circuit, when applicable and DOI at:

6. File a copy of the document in the case file.

7. File the case with other pending cases, as appropriate.

Forms
CR 45 - Declaration of Bond Forfeiture and Notice of Hearing
CR 130 - Notice of Bond Forfeiture Judgment/Notice of Satisfaction of Judgment
MU 30 – Motion to Enter a Judgment of Default on Bond Forfeiture – Notice of Hearing
MU 32 - Judgment of Bond Forfeiture