The 28-Day Clock After a Missed Pretrial
On February 2, a Michigan circuit court sets a $75,000 surety bail bond for Marcus, who is charged with felony firearm and receiving stolen property. You are the licensed bail bond agent, and your surety’s power of attorney is on file with the court. Marcus attends arraignment but misses the March 3 pretrial conference. On March 6 the court enters an order forfeiting the bond and mails notice to your agency on March 8. You learn on April 14 that Marcus is staying with a cousin in Toledo, Ohio. You persuade him to return, and he is surrendered to the county jail on April 17. The clerk tells you the bond is “gone” and the prosecutor wants full payment plus costs. Your file shows the premium was $7,500, paid in full, and you spent $900 on a skip tracer.
1. Was the forfeiture final before Marcus was surrendered? Explain the 28-day rule and the filing you need to make.
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The key date is the forfeiture order, not the date you received notice. The order was entered March 6; 28 days later is April 3. Marcus was not surrendered until April 17, so the automatic set-aside period had expired. Under Michigan court practice, if the defendant appears within 28 days after the forfeiture order, the court must set aside the forfeiture; after that period, the surety is exposed to judgment unless the court grants relief on motion. You should immediately file a motion to set aside or remit the forfeiture, attaching proof of surrender, the dates of your locating efforts, the notice you received, and any expense records. Do not assume the clerk’s “gone” statement is the final word, but do not promise the client that remission is automatic. The motion should ask the court to exercise discretion and should be served on the prosecutor and surety.
2. What should you do with your surety and the court now, and what should you avoid doing?
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Notify the surety in writing the same day, provide the forfeiture order, the surrender paperwork, and a chronology. Ask the surety whether it wants you to pay the judgment under protest, post a supersedeas bond, or await the motion ruling. Avoid paying the full $75,000 without written direction, and avoid telling the court the bond is “reinstated” unless the court enters an order. Keep the defendant in custody and do not post a new bond for him without the surety’s approval and a new underwriting decision. Preserve the power of attorney, the bond contract, the indemnity agreement, and all contact logs. If the court enters judgment, calendar the appeal or reconsideration deadline and coordinate with surety counsel.
3. Can you keep the $7,500 premium and recover the $900 skip-trace expense from the court or the indemnitor?
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The premium is generally earned when the bond is posted and is not refunded merely because the defendant later fails to appear, unless your written contract says otherwise. The $900 is a business expense; it is not automatically added to the bond or taxed to the court. You may recover it from the indemnitor only if the indemnity agreement clearly allocates recovery or investigative expenses and the amount is reasonable and documented. You cannot use the threat of forfeiture to collect an unauthorized fee. If the court remits the forfeiture, the surety may still have a contractual claim against the indemnitor for costs, but that depends on the signed agreement. Keep receipts and provide an accounting rather than deducting the $900 from collateral unilaterally.