Title 17, Chapter 6, Section 71
( 17-6-71)
(a) The judge shall, at the end of the court day, upon the failure
of the principal to appear, forfeit the bond and order an execution
hearing not sooner than 120 days but not later than 150 days after
such failure to appear. Notice of the execution hearing shall be
served within ten days of such failure to appear by certified mail
or statutory overnight delivery to the surety at the address listed
on the bond or by personal service to the surety within ten days of
such failure to appear at its home office or to its designated
registered agent. Service shall be considered complete upon the
mailing of such certified notice. (b) If at the execution hearing it is determined that judgment
should be entered, the judge shall so order and a writ of fieri
facias shall be filed in the office of the clerk of the court where
such judgment is entered. The provisions of this subsection shall
apply to all bail bonds, whether returnable to superior court, state
court, probate court, magistrate court, or municipal court. |