Eighteen Days After the Missed Hearing

Kevin should first verify the warrant and the forfeiture order with the clerk, then notify the surety in writing the same day. He should obtain certified hospital records and the discharge summary, confirm Marisol's location and willingness to appear, and coordinate a voluntary surrender with defense counsel and the court rather than attempting a self-help entry in Delaware. He should document every call and keep the mother informed in writing that the CD is not released while the forfeiture is pending. Kevin should not promise that the forfeiture will be stricken or that the mother will get the CD back immediately. He should also review the indemnity agreement to see what cooperation is required and avoid threatening the mother; her refusal to help is a fact to document, not a basis for taking her collateral.

The motion should be filed promptly under the applicable Maryland rules, request a hearing, and attach the certified medical records, the discharge papers, and a chronology showing that Marisol was incapacitated on the hearing date and that Kevin acted diligently once he learned of the failure to appear. The motion should explain the proposed surrender date and ask the court to strike the forfeiture or set terms. Helpful facts are the documented hospitalization, the absence of any prior FTA, and a voluntary return to court. Harmful facts are the 18-day delay, the move to Delaware after discharge, and the lack of any earlier contact with the court or counsel. The court will weigh prejudice to the state, the reason for the absence, and the surety's diligence. Kevin should not claim the delay was unavoidable if the records do not support it.

If the bond is exonerated, Kevin must account for the CD and return it within the period required by Maryland law and the collateral agreement. He cannot simply keep it because the mother was uncooperative, and he cannot deduct an unauthorized 'handling' or 'investigation' fee. If the court orders any amount paid from the collateral, Kevin must follow that order and provide a written accounting. If the surety pays a forfeiture and the indemnity agreement gives the surety a claim against the mother, Kevin must follow the contract and applicable law rather than using self-help. He should give the mother a written receipt for the CD at the outset, keep it segregated from business funds, and document its return. Any dispute over the indemnity obligation should be resolved through the contractual process or the court, not by refusing to return collateral after exoneration.