Title 17, Chapter 6, Section 72
( 17-6-72)
(a) No judgment shall be rendered on a forfeiture of any appearance
bond if it is shown to the satisfaction of the court by the written
statement of a licensed physician that the principal on the bond was
prevented from attending by some mental or physical disability. (b) No judgment shall be rendered on a forfeiture of any appearance
bond if it is shown to the satisfaction of the court that the
principal on the bond was prevented from attending because he or she
was detained by reason of arrest, sentence, or confinement in a
penal institution or jail in the State of Georgia, or so detained in
another jurisdiction, or because he or she was involuntarily
confined or detained pursuant to court order in a mental institution
in the State of Georgia or in another jurisdiction. An official
written notice of the holding institution in which the principal is
being detained or confined shall be considered proof of the
principal's detention or confinement and such notice may be sent
from the holding institution by mail or delivered by hand or by
facsimile machine. Upon the presentation of such written notice to
the clerk of the proper court, the prosecuting attorney, and the
sheriff or other law enforcement officer having jurisdiction over
the case, along with a letter of intent to pay all costs of
returning the principal to the jurisdiction of the court, such
notice and letter shall serve as the surety's request for a detainer
or hold to be placed on the principal. Should there be a failure to
place a detainer or hold within 15 days, excluding Saturdays,
Sundays, and legal holidays, and after such presentation of such
notice and letter of intent to pay costs, the surety shall then be
relieved of the liability for the appearance bond without further
order of the court. (c) No judgment shall be rendered on a forfeiture of any appearance
bond if it is shown to the satisfaction of the court that prior to
the entry of the judgment on the forfeiture the principal on the
bond is in the custody of the sheriff or other responsible law
enforcement agency. An official written notice of the holding
institution in which the principal is being detained or confined
shall be considered proof of the principal's detention or
confinement and such notice may be sent from the holding institution
by mail or delivered by hand or by facsimile machine. Upon
presentation of such written notice to the clerk of the proper
court, the prosecuting attorney, and the sheriff or other law
enforcement officer having jurisdiction over the case along with a
letter of intent to pay all costs of returning the principal to the
jurisdiction of the court, such notice and letter shall serve as the
surety's request for a detainer or hold to be placed against the
principal. Should there be a failure to place a detainer or hold
within 15 days, excluding Saturdays, Sundays, and legal holidays,
and after presentation of such notice and letter of intent to pay
costs, the surety shall then be relieved of the liability for the
appearance bond without further order of the court. (d) In cases in which paragraph (3) of this subsection is not
applicable, on application filed within 120 days from the payment of
judgment, the court shall order remission under the following
conditions: (1) Provided the bond amount has been paid within 120 days after
judgment and the delay has not prevented prosecution of the
principal and upon application to the court with prior notice to
the prosecuting attorney of such application, said court shall
direct remission of 95 percent of the bond amount remitted to the
surety if the surety locates the principal in the custody of the
sheriff in the jurisdiction where the bond was made or in another
jurisdiction causing the return of the principal to the
jurisdiction where the bond was made, apprehends, surrenders, or
produces the principal, if the apprehension or surrender of the
principal was substantially procured or caused by the surety, or
if the location of the principal by the surety caused the
adjudication of the principal in the jurisdiction in which the
bond was made. Should the surety, within two years of the
principal's failure to appear, locate the principal in the custody
of the sheriff in the jurisdiction where the bond was made or in
another jurisdiction causing the return of the principal to the
jurisdiction where the bond was made, apprehend, surrender, or
produce the principal, if the apprehension or surrender of the
principal is substantially procured or caused by the surety, or if
the location of the principal by the surety causes the
adjudication of the principal in the jurisdiction in which the
bond was made, the surety shall be entitled to a refund of 50
percent of the bond amount. The application for 50 percent
remission shall be filed no later than 30 days following the
expiration of the two-year period following the date of judgment; (2) Remission shall be granted upon condition of the payment of
court costs and of the expenses of returning the principal to the
jurisdiction by the surety; or (3) If, within 120 days after judgment, the surety surrenders the
principal to the sheriff or responsible law enforcement officer,
or said surrender has been denied by the sheriff or responsible
law enforcement officer, or surety locates the principal in
custody in another jurisdiction, the surety shall only be required
to pay costs and 5 percent of the face amount of the bond, which
amount includes all surcharges. If it is shown to the
satisfaction of the court, by the presentation of competent
evidence from the sheriff or the holding institution, that said
surrender has been made or denied or that the principal is in
custody in another jurisdiction or that said surrender has been
made and that 5 percent of the face amount of the bond and all
costs have been tendered to the sheriff, the court shall direct
that the judgment be marked satisfied and that the writ of
execution, fi. fa., be canceled. |