22-2807. Forfeiture of appearance bonds.
22-2807
22-2807. Forfeiture of appearance bonds.(1) If a defendant fails to appearas directed by the court and guaranteed by an appearance bond, the court inwhich the bond is deposited shall declare a forfeiture of the bail.
(2) An appearance bond may only be forfeited bythe court upon a failure to appear. If a defendant violates any other conditionof bond, the bond may berevoked and the defendant remanded to custody. The magistrate shall forthwithset a new bond pursuant to requirements of K.S.A. 22-2802, and amendmentsthereto.
(3) The court may direct that a forfeiture be set aside, upon suchconditions as the court may impose, if it appears that justice does not requirethe enforcement of the forfeiture.If the surety can prove that the defendant is incarcerated somewhere withinthe United States prior to judgment of default then the court shall set asidethe forfeiture. Upon the defendant's return, the surety may be ordered to paythe costs of that return.
(4) When a forfeiture has not been set aside, the courtshall on motion enter a judgment of default and execution may issue thereon. Ifthe forfeiture has been decreed by a district magistrate judge and the amountof the bond exceeds the limits of the civil jurisdiction prescribed by law fora district magistrate judge, the judge shall notify the chief judge in writingof the forfeiture and the matter shall be assigned to a district judge who, onmotion, shall enter a judgment of default. By entering into a bond the obligorssubmit to the jurisdiction of any court having power to enter judgment upondefault and irrevocably appoint the clerk of that court as their agent uponwhom any papers affecting their liability may be served. Their liability may beenforced on motion without the necessity of an independent action. The motionand notice thereof may be served on the clerk of the court, who shall forthwithmail copies to the obligors to their last known addresses. No default judgmentshall be entered against the obligor in an appearance bond until more than 10days after notice is served as provided herein.
(5) After entry of such judgment, the court may remit it inwhole or in part under the conditions applying to the setting aside offorfeiture in subsection (3).
History: L. 1970, ch. 129, § 22-2807;L. 1976, ch. 163, § 9;L. 1977, ch. 109, § 17;L. 1986, ch. 115, § 58;L. 1999, ch. 57, § 30;L. 2007, ch. 145, § 5; July 1.