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| RALEIGH: SBI investigates bail bonds records in Wake County https://ftp.fugitiverecovery.com/forum/viewtopic.php?f=26&t=15481 |
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| Author: | SURETYRISKMANAGEMENT [ Thu 20 Feb 2014 01:11 ] |
| Post subject: | RALEIGH: SBI investigates bail bonds records in Wake County |
RALEIGH: SBI investigates bail bonds records in Wake County Clerk of Court office http://www.newsobserver.com/2014/02/18/ ... bonds.html |
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| Author: | KARMA [ Thu 20 Feb 2014 08:14 ] |
| Post subject: | Re: RALEIGH: SBI investigates bail bonds records in Wake Cou |
Quote: Willoughby said Tuesday that he did not think clerks had been embezzling or stealing money. He said he expected the investigation to show that at least $100,000 that should have been collected had not been because of the possible alteration of court documents. Freeman said she acted immediately after finding out about the bond money that should have been collected but was not. “Largely, this was a situation borne yet again from the technology,” Freeman said Tuesday. Says they are going to 'possibly bring charges" . . . against who ? Albeit, the Bondsmen 'know' they owe the money and should pay it . . . but it sounds like the problem lies within the Court Clerk's Office. North Caroilina folks . . . you guys need to 'watch' this and update if possible. |
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| Author: | B Williams [ Thu 20 Feb 2014 13:33 ] |
| Post subject: | Re: RALEIGH: SBI investigates bail bonds records in Wake Cou |
I saw this in the newspaper a few days ago. Not sure what's going on. Will update as I get more info, but can tell you now, that NC almost never fails to file prompt Forfeiture notices. I've never had anyone that didn't appear that I didn't get a forfeiture notice. Kind of makes you wonder why some folks in the clerks office are being fired and resigning. I can think of a couple three reasons for this, but will withhold judgment for now. Added: I just checked with a couple people concerning this. Check out "Eye on ncdoi" on facebook and read Dallas McClains comments. I haven't spoken to Dallas but he is very knowledgable concerning these type things. |
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| Author: | Mdbtyhtr [ Thu 20 Feb 2014 17:09 ] |
| Post subject: | Re: RALEIGH: SBI investigates bail bonds records in Wake Cou |
I just find it curious when someone can tell you what the "Investigation" will reveal before it is completed. Scott |
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| Author: | B Williams [ Thu 20 Feb 2014 19:40 ] |
| Post subject: | Re: RALEIGH: SBI investigates bail bonds records in Wake Cou |
Now the current District Attorney is saying that it's the assistant clerks fault. The current Elected clerk, who out of the blue found that these forfeitures hadn't been paid is now running for district attorney. This story keeps changing. Earlier I read where Wake County was going after bondsman and insurance companies to recoup approximately 900,000.00 in unpaid forfeitures. The SBI is still investigating but it seems the other players are all over the map as to what actually happened. The Department of Insurance is also running for cover. Just another day in Raleigh. BTW, the current DA (Willouby) isn't running for that office again. |
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| Author: | speezack [ Fri 21 Feb 2014 09:00 ] |
| Post subject: | Re: RALEIGH: SBI investigates bail bonds records in Wake Cou |
Quote: State law provides a 150-day window for someone to challenge or set aside a forfeiture. The bondsman or insurance provider doing so, though, must serve a copy of the request to the district attorney and the county board of education. If the district attorney or board of education does not file an objection to the request within 20 days, the bondsman or party responsible for the bail money is released from obligation to pay. Virginia also has 150 days to pay... and we have to give up 45 days as opposed to NC 20... I just exonorated a case that came after me after a year and half without notification... I won that one. Bill, I thought you told me you all had to pay up as soon as the forfeiture was issued... not 150 days to pay?? I must have misunderstood you on that one. This kind of stuff goes on all the time, in every bond state... too much to keep up with I think and bureaucracy abounds in all levels of government... so, what's the answer... certainly, I don't know... |
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| Author: | B Williams [ Fri 21 Feb 2014 11:08 ] |
| Post subject: | Re: RALEIGH: SBI investigates bail bonds records in Wake Cou |
Bill, We have 150 days from the date the Forfeiture is entered to either get the skip back in jail or pay the full amount of the bond. The clerk has 30 days to mail the forfeiture notice to the bondsman/ insurance company from the time the forfeiture is entered into the system. If we had to pay the day they forfeited, no one would be in business. What kind of stuff goes on? I'm still trying to figure out what's up with this one. Note, Notice of forfeiture to the Bondsman/Insurance company within 30 days of the forfeiture being ENTERED into the system. I have read case law where the bondsman/insurance company didn't get notice for over a year. In many cases the Bondsman still had to pay because it wasn't ENTERED until someone found it laying around somewhere. In other cases, (exact circumstances) the bondsman won. Sometimes it's a crap shoot, in North Carolina. |
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| Author: | speezack [ Fri 21 Feb 2014 13:09 ] |
| Post subject: | Re: RALEIGH: SBI investigates bail bonds records in Wake Cou |
It was in fact, laying around in Circuit court but had not been entered, but the way it reads is... 45 days from the FTA... not when it is entered... if that was the case.... they could simply say, always... it was never entered and that would get them out of the pickle easily... I won that one. I think I posted that story on here sometime last year. |
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| Author: | tsuggs [ Fri 21 Feb 2014 15:15 ] |
| Post subject: | Re: RALEIGH: SBI investigates bail bonds records in Wake Cou |
In CA, the forfeiture period begins the date the defendant FTAs. The Court has 30 days from that date to notify the bail agency and surety company. There are a few exceptions but would take a lot of time to explain them all. We have 180 days but can motion for up to 180 more to find the skip. Once the total forfeiture time period has elapsed, the court can enter a summary judgment and they must do so within 60 days. Now the bail agent can motion for an exoneration on a few technical points. But they are limited to what we can try and fight having to pay off the bond. |
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| Author: | B Williams [ Fri 21 Feb 2014 16:30 ] |
| Post subject: | Re: RALEIGH: SBI investigates bail bonds records in Wake Cou |
It is confusing at times, but the statute is fairly clear. NC 15A 544.4 Notice of Forfeiture. |
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