Close Close


Clerk Handbooks

Municipal Clerk Manual – Courts with JIS




Section/Rule:

2.3

Subject:

Chapter 2 - Pre-Trial/Trial Procedures

Publication / Adopted Date:

February 1992

Topic:

Bond Forfeiture

Revised / Effective Date:

October 2015

Municipal Clerk Manual
Courts with 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: October 2015

Quick Index

Bail Bond Agents
Clerk’s Duties/Procedures
Disbursement of Forfeited Bonds
Motion by Prosecutor
Municipal Cases
Reporting Requirements

Introduction

If there is a breach of a condition of a bond; e.g., when a defendant fails to appear for trial, the court may declare a BOND FORFEITURE. Upon filing of a motion, unless the forfeiture is set aside, the court may enter a judgment of default and execution may be issued on the judgment.

Before the judgment of default may be entered, 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 may 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.

Motion by Prosecutor (SCR 37.26)

If forfeiture is not set aside, the prosecutor may motion the court, without the necessity of an independent action, for a judgment of default and execution. Upon the prosecutor’s motion, a hearing date shall be set and the obligors notified.

Disbursement of Forfeited Bonds

Municipal Cases (Section 479.210, RSMo)

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

Reporting Requirements

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 Office of State Courts Administrator (OSCA) posts copies of two of the reports compiled by DOI: General Bail Bonds List and Licensed Agents Lists. The reports are located on the DOI’s website at 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:

Clerk’s Duties/Procedures

In some courts, the declaration of bond forfeiture starts the bond forfeiture process and in others, the prosecutor files a motion. Proceed to the appropriate section for procedures.

Judge Declares Forfeiture

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Note: If a plea has been entered on a case it is recommended to use BOFNJ – Bond Forfeiture Ord No Judmt. This docket code will not report to DOR as a conviction and will not assess points. Schedule the Hearing

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

2. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling in GOLD)

3. CZRLMRG – Custom Letter Merge (See Procedures: Printing a Document with Word Interface in GOLD)

4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

5. Prepare and provide copies of the Declaration of Bond Forfeiture and Notice of Hearing to the prosecuting or circuit attorney, defendant and sureties, if any, in accordance with local practice.

6. File the document in the case file.

Motion for Bond Forfeiture filed by Prosecutor

Note: The motion for bond forfeiture may be sent with the Declaration of Bond Forfeiture and Notice of Hearing if the motion for bond forfeiture is made or filed immediately following the entry of the forfeiture order..

1. Date file stamp the motion for bond forfeiture (MU30) when received from the prosecuting or circuit attorney. See CCHB section 100.02, Date File Stamp.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)
Schedule the Hearing

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

2. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling in GOLD)

3. File the document in the case file.

4. Use one of the following methods to generate the notices:

5. Prepare and provide copies of the motion filed to the defendant and sureties, if any.

Document the Ruling

1. If the hearing is continued, see section 2.9, Continuances in this manual.

2. CDAEVNT – Custom Event Docketing (See Procedures: Scheduling in GOLD)

3. If a bond forfeiture judgment is entered, proceed to Bond Forfeiture Judgment Ordered section.

Bond Forfeiture Judgment Not Ordered

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

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

3. File the case with other pending cases.

Bond Forfeiture Judgment Ordered

1. CCIBOND – Bond Inquiry
2. CCABDEF – Bond Default Approval (See Procedures: Bond Maintenance in GOLD)

3. Forfeited bonds may be disbursed as they are forfeited or at month end. 4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)
5. File the document in the case file.
Bond Forfeiture Judgment Set Aside

Complete these procedures when the bond forfeiture and conviction are set aside.

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Document the Ruling

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Bond Conviction Set Aside

Complete these procedures when the bond is forfeited and the conviction is set aside.

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Document the Ruling

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Unsatisfied Judgment Entered (Non-Monetary Bond)

1. CZRLMRG – Custom Letter Merge (See Procedures: Printing a Document with Word Interface in GOLD)

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

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling in GOLD)

5. File a copy of the Notice of Bond Forfeiture Judgment/Unsatisfied Judgment on a Bond Forfeiture in the case file.t was issued.

Unsatisfied Judgment after Six Months

1. Report unsatisfied judgments not paid within six months to DOI by sending a copy of the bond forfeiture judgment attached to the Notice of Bond Forfeiture Judgment/Notice of Satisfaction of Judgment after six months have lapsed to:

2. Make an entry on the case record to indicate a copy of the bond forfeiture judgment attached to the Notice of Bond Forfeiture Judgment/Satisfaction of due in six months and any relevant details.

3. 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 section of the form.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)
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:

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

Clerk’s Duties/Procedures

In some courts, the declaration of bond forfeiture starts the bond forfeiture process and in others, the prosecutor files a motion. Proceed to the appropriate section for procedures.

Judge Declares Forfeiture

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Schedule the Hearing

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

2. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling in GOLD)

3. CZRLMRG – Custom Letter Merge (See Procedures: Printing a Document with Word Interface in GOLD)

4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

5. Prepare and provide copies of the Declaration of Bond Forfeiture and Notice of Hearing to the prosecuting or circuit attorney, defendant and sureties, if any, in accordance with local practice.

6. File the document in the case file.

Motion for Bond Forfeiture by Prosecutor

Note: The motion for bond forfeiture may be sent with the Declaration of Bond Forfeiture and Notice of Hearing if the motion for bond forfeiture is made or filed immediately following the entry of the forfeiture order.

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

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Schedule the Hearing

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

2. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling in GOLD)

3. File the document in the case file.

4. Use one of the following methods to generate the notices:

5. Prepare and provide copies of the motion filed to the defendant and sureties, if any.

Document the Ruling

1. If the hearing is continued, see section 2.9, Continuances.

2. CDAEVNT – Custom Event Docketing (See Procedures: Scheduling in GOLD)

3. If a bond forfeiture judgment is entered, proceed to Bond Forfeiture Judgment Ordered section.

Bond Forfeiture Judgment Not Ordered

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

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

3. File the case with other pending cases.

Bond Forfeiture Judgment Ordered

1. CCIBOND – Bond Inquiry
2. CCABDEF – Bond Default Approval (See Procedures: Bond Maintenance in GOLD)

3. Forfeited bonds may be disbursed as they are forfeited or at month end. 4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)
5. File the document in the case file.

Bond Forfeiture Judgment Set Aside

Complete these procedures when the bond forfeiture and conviction are set aside.

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Document the Ruling

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Bond Conviction Set Aside

Complete these procedures when the bond is forfeited and the conviction is set aside.

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Document the Ruling

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Unsatisfied Judgment Entered (Non-Monetary Bond)

1. CZRLMRG – Custom Letter Merge (See Procedures: Printing a Document with Word Interface in GOLD)

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

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling in GOLD)

5. File a copy of the Notice of Bond Forfeiture Judgment/Unsatisfied Judgment on a Bond Forfeiture in the case file.

Unsatisfied Judgment after Six Months

1. CDAEVNT – Custom Event Docketing (See Procedures: Scheduling in GOLD)

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

3. Pull the case file and forward the Notice of Bond Forfeiture Judgment/Unsatisfied Judgment on a Bond Forfeiture to:

4. 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 Bond Forfeiture Judgment/Notice of Satisfaction of Judgment section of the form.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

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:

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

Bond Forfeiture Receipt

1. CBAACCD – Custom Case/Party Account Detail (See Procedures: Adding Costs in GOLD)

2. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Payment using the Automatic Tab in GOLD)

Releasing the Surety

Note: Some JIS Courts record surety bonds using the accounting form CZASPAY. Other courts record the surety bond by making a docket entry on CDADOCT. After the bond forfeiture has been satisfied the surety will need to be released. Both options are presented below.

Releasing a Surety Bond Entered using CZASPAY

1. CCABREF – Custom Bond Refund Maintenance (See Procedures: Releasing a Non-monetary Bond in GOLD)

Releasing a Surety Bond Entered using CDADOCT

1. CDADOCT – Custom Docket Association Entry (See Docketing Procedures in GOLD)

2. File the case with other pending criminal 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 ForfeitureMunicipal Clerk Manual
Courts with 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: October 2015

Quick Index

Bail Bond Agents
Clerk’s Duties/Procedures
Disbursement of Forfeited Bonds
Motion by Prosecutor
Municipal Cases
Reporting Requirements

Introduction

If there is a breach of a condition of a bond; e.g., when a defendant fails to appear for trial, the court may declare a BOND FORFEITURE. Upon filing of a motion, unless the forfeiture is set aside, the court may enter a judgment of default and execution may be issued on the judgment.

Before the judgment of default may be entered, 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 may 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.

Motion by Prosecutor (SCR 37.26)

If forfeiture is not set aside, the prosecutor may motion the court, without the necessity of an independent action, for a judgment of default and execution. Upon the prosecutor’s motion, a hearing date shall be set and the obligors notified.

Disbursement of Forfeited Bonds

Municipal Cases (Section 479.210, RSMo)

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

Reporting Requirements

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 Office of State Courts Administrator (OSCA) posts copies of two of the reports compiled by DOI: General Bail Bonds List and Licensed Agents Lists. The reports are located on the DOI’s website at 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:

Clerk’s Duties/Procedures

In some courts, the declaration of bond forfeiture starts the bond forfeiture process and in others, the prosecutor files a motion. Proceed to the appropriate section for procedures.

Judge Declares Forfeiture

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Note: If a plea has been entered on a case it is recommended to use BOFNJ – Bond Forfeiture Ord No Judmt. This docket code will not report to DOR as a conviction and will not assess points. Schedule the Hearing

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

2. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling in GOLD)

3. CZRLMRG – Custom Letter Merge (See Procedures: Printing a Document with Word Interface in GOLD)

4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

5. Prepare and provide copies of the Declaration of Bond Forfeiture and Notice of Hearing to the prosecuting or circuit attorney, defendant and sureties, if any, in accordance with local practice.

6. File the document in the case file.

Motion for Bond Forfeiture filed by Prosecutor

Note: The motion for bond forfeiture may be sent with the Declaration of Bond Forfeiture and Notice of Hearing if the motion for bond forfeiture is made or filed immediately following the entry of the forfeiture order..

1. Date file stamp the motion for bond forfeiture (MU30) when received from the prosecuting or circuit attorney. See CCHB section 100.02, Date File Stamp.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)
Schedule the Hearing

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

2. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling in GOLD)

3. File the document in the case file.

4. Use one of the following methods to generate the notices:

5. Prepare and provide copies of the motion filed to the defendant and sureties, if any.

Document the Ruling

1. If the hearing is continued, see section 2.9, Continuances in this manual.

2. CDAEVNT – Custom Event Docketing (See Procedures: Scheduling in GOLD)

3. If a bond forfeiture judgment is entered, proceed to Bond Forfeiture Judgment Ordered section.

Bond Forfeiture Judgment Not Ordered

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

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

3. File the case with other pending cases.

Bond Forfeiture Judgment Ordered

1. CCIBOND – Bond Inquiry
2. CCABDEF – Bond Default Approval (See Procedures: Bond Maintenance in GOLD)

3. Forfeited bonds may be disbursed as they are forfeited or at month end. 4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)
5. File the document in the case file.
Bond Forfeiture Judgment Set Aside

Complete these procedures when the bond forfeiture and conviction are set aside.

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Document the Ruling

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Bond Conviction Set Aside

Complete these procedures when the bond is forfeited and the conviction is set aside.

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Document the Ruling

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

Unsatisfied Judgment Entered (Non-Monetary Bond)

1. CZRLMRG – Custom Letter Merge (See Procedures: Printing a Document with Word Interface in GOLD)

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

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling in GOLD)

5. File a copy of the Notice of Bond Forfeiture Judgment/Unsatisfied Judgment on a Bond Forfeiture in the case file.t was issued.

Unsatisfied Judgment after Six Months

1. CDAEVNT – Custom Event Docketing (See Procedures: Scheduling in GOLD)

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

3. Pull the case file and forward the Notice of Bond Forfeiture Judgment/Unsatisfied Judgment on a Bond Forfeiture to:

4. 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 section of the form.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)
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:

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

Bond Forfeiture Receipt

1. CBAACCD – Custom Case/Party Account Detail (See Procedures: Adding Costs in GOLD)

2. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Payment using the Automatic Tab in GOLD)

Releasing the Surety

Note: Some JIS Courts record surety bonds using the accounting form CZASPAY. Other courts record the surety bond by making a docket entry on CDADOCT. After the bond forfeiture has been satisfied the surety will need to be released. Both options are presented below.

Releasing a Surety Bond Entered using CZASPAY

1. CCABREF – Custom Bond Refund Maintenance (See Procedures: Releasing a Non-monetary Bond in GOLD)

Releasing a Surety Bond Entered using CDADOCT

1. CDADOCT – Custom Docket Association Entry (See Docketing Procedures in GOLD)

2. File the case with other pending criminal 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