Las Vegas Bail Bonds Companies Adjust to New FTA Regulations.

Feb. 14, 2011 - PRLog -- Lack of Notice to Surety Cured with Notice Two Years Later - Minnesota

The defendant failed to appear in June 2007. A notice was sent to the bail agent, but not the surety. A show-cause hearing was set for December 2008. The bondsman and the surety moved to reinstate and discharge the bond because the notice required by Minn.R.Gen. Prac. 702 was not given to the surety and the bondsman. In February 2009, nearly two years after the FTA, the trial court reinstated the bond because the surety was not given notice but refused to discharge it. Instead, the court gave the surety and agent 30 days to request a hearing. The court denied a renewed motion to discharge and entered an order forfeiting the bond. The surety and agent appealed.

The Court of Appeals held that the trial court’s reinstatement and 30 days notice cured any prejudice to the surety from the initial failure to notify it. At the second hearing, the trial court properly applied the Shetsky factors and did not abuse its discretion in refusing to discharge the bond. State v. Padilla (Minn.App. 2010)

Lesson Learned – In Minnesota and some other states, the failure of a court to give prompt notice to the surety of an FTA does not automatically discharge the surety. Rather, in these states, the court can cure the lack of notice by simply sending late notice to the surety. Consequently, if you write bail in Minnesota or a state that has similar laws, you should make every effort to follow the status of court cases, particularly on your larger bonds, so that you know when an FTA has occurred.

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