NC Bail Bond flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Bail Bond Regulatory Division
- Unit of the North Carolina Department of Insurance that administers bail bond licensing, examinations, continuing education, and disciplinary complaints under the Commissioner of Insurance.
- G.S. Chapter 58, Article 71
- North Carolina statute governing bail bondsmen and bail bond runners, including licensing, conduct, premium limits, forfeiture-related duties, and Commissioner of Insurance enforcement.
- Bail bond runner
- A licensed individual who acts for or assists a licensed bail bondsman in bail bond transactions but does not independently execute surety bonds.
- 150-day forfeiture period
- After notice of a failure-to-appear forfeiture, North Carolina allows roughly 150 days for the defendant to be produced or the forfeiture to be set aside before final judgment.
- Commissioner of Insurance
- State official with authority over bail bond licensure and discipline in North Carolina, including suspension, revocation, and civil penalties after notice and hearing.
- Bail bondsman license
- North Carolina credential required to execute bail bonds for compensation; applicants must meet age, character, education, examination, and prelicensing requirements.
- Prelicensing course
- Required instructional program completed before taking the bail bond licensing examination; it covers statutes, ethics, bond writing, and business practices.
- Continuing education requirement
- Ongoing instruction licensed bail bondsmen must complete for license renewal; failure to satisfy it can prevent renewal or lead to disciplinary action.
- License renewal
- Annual process of maintaining bail bond authority by paying required fees, completing continuing education, and keeping the Commissioner informed of disqualifying changes.
- Disqualifying conviction
- A criminal conviction, especially a felony or crime involving dishonesty, that can bar bail bond licensure or trigger discipline against an existing licensee.
- Surety bond
- Three-party contract in which a surety guarantees the defendant's court appearance to the court; the defendant is principal and the court is obligee.
- Bond face amount
- Maximum amount the surety may owe if the defendant fails to appear; it is not the premium charged to the defendant.
- Bail bond premium
- Fee charged for the surety's risk; North Carolina limits it to a statutory percentage of the bond amount and it is separate from collateral.
- Underwriting factors
- Facts used to assess bail risk, such as charge severity, criminal history, community ties, employment, flight risk, and indemnitor strength.
- Power of attorney
- Written authority from an insurer that lets a bail agent execute bonds within stated limits; writing beyond that authority violates surety rules.
- Conditions of release
- Court-imposed requirements for pretrial release, such as appearing in court, avoiding new offenses, and complying with no-contact or monitoring terms.
- Failure to appear
- Defendant's unexcused absence from a required court proceeding; it can trigger bond forfeiture, arrest, and revocation of release conditions.
- Bond exoneration
- Release of the surety's liability when the defendant satisfies the bond, is surrendered, or the court discharges the bond by order.
- Pretrial release hearing
- Proceeding before a judicial official that sets bail, conditions, or detention; the official considers statutory factors and risk of flight or danger.
- Collateral
- Money or property pledged to protect the surety against loss if the defendant fails to appear; it must be receipted and accounted for.
- Indemnity agreement
- Contract in which an indemnitor promises to reimburse the surety for losses, costs, and expenses incurred because of the bond.
- Indemnitor
- Person, often a friend or relative, who signs an agreement to pay the surety if the defendant causes a forfeiture or other bond loss.
- Collateral receipt
- Written record identifying collateral deposited, its value, the bond secured, and the conditions for return; borrowers must receive a copy.
- Real property collateral
- Land or buildings pledged to secure a bond; the bondsman should verify title, equity, and value and document any lien or security interest.
- Jail solicitation
- Prohibited practice of approaching arrested persons in or near jail to solicit bail bond business; North Carolina restricts such direct solicitation.
- Rebating
- Returning part of a premium or fee to a client or unlicensed person to obtain business; it is prohibited and can lead to discipline.
- Unlicensed practice
- Performing bail bond activities without a valid license or helping an unlicensed person do so; both are regulatory violations.
- Misrepresentation
- Making false or misleading statements about bond terms, premiums, collateral, or legal consequences; it violates professional conduct rules.
- Bond register
- Business record listing each bond written, including defendant, amount, date, premium, collateral, indemnitor, and current status.
- Collateral ledger
- Record tracking collateral received, held, returned, or applied, showing the associated bond and receipts issued to the depositor.
- Record retention
- Requirement to keep bail bond, collateral, and financial records for the period set by North Carolina statute or rule and available for inspection.
- Reportable change
- Address, name, ownership, criminal charge, or disciplinary event that a licensee must report to the Commissioner within required time.