(a)        Final Judgment Docketed As Civil Judgment. – When a forfeiture has become a final judgment under this Part, the clerk of superior court, under N.C. Gen. Stat. § 1-234, shall docket the judgment as a civil judgment against the defendant and against each surety named in the judgment.

(b)        Judgment Lien. – When a final judgment of forfeiture is docketed, the judgment shall become a lien on the real property of the defendant and of each surety named in the judgment, as provided in N.C. Gen. Stat. § 1-234

(c)        Execution; Copy to Commissioner of Insurance. – After docketing a final judgment under this section, the clerk shall:

(1)        Issue execution on the judgment against the defendant and against each accommodation bondsman and professional bondsman named in the judgment and shall remit the clear proceeds to the county finance officer as provided in N.C. Gen. Stat. § 115C-452

(2)        If an insurance company or professional bondsman is named in the judgment, send the Commissioner of Insurance a notice of the judgment, showing the date on which the judgment was docketed.

(d)       Sureties, Professional Bail Bondsmen, Bail Agents, and Runners May Not Execute Bonds in County. – After a final judgment is docketed as provided in this section, no surety named in the judgment shall become a surety on any bail bond in the county in which the judgment is docketed until the judgment is satisfied in full. In addition, no professional bail bondsman, bail agent, or runner whose name appears on a bond posted in that person’s licensed capacity for which a final judgment of forfeiture has been entered shall sign any bond in any licensed capacity statewide until the judgment is satisfied in full. ?(2000-133, s. 6; 2006-188, s. 2; 2016-107, s. 2.)

Terms Used In North Carolina General Statutes 15A-544.7

  • Accommodation bondsman: means a natural person who has reached the age of 18 years and is a bona fide resident of this State and who, aside from love and affection and release of the person concerned, receives no consideration for action as surety and who endorses the bail bond after providing satisfactory evidences of ownership, value, and marketability of real or personal property to the extent necessary to reasonably satisfy the official taking bond that such real or personal property will in all respects be sufficient to assure that the full principal sum of the bond will be realized in the event of breach of the conditions thereof. See North Carolina General Statutes 15A-531
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail agent: means any person who is licensed by the Commissioner as a surety bondsman under Article 71 of Chapter 58 of the N. See North Carolina General Statutes 15A-531
  • Bail bond: means an undertaking by the defendant to appear in court as required upon penalty of forfeiting bail to the State in a stated amount. See North Carolina General Statutes 15A-531
  • Copy: means all identical versions of a document created or existing in paper or electronic form, including the original and all other identical versions of the document. See North Carolina General Statutes 15A-101.1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means a person obligated to appear in court as required upon penalty of forfeiting bail under a bail bond. See North Carolina General Statutes 15A-531
  • Docket: A log containing brief entries of court proceedings.
  • Entered: means signed and filed in the office of the clerk of superior court of the county in which the document is to be entered. See North Carolina General Statutes 15A-101.1
  • Insurance company: means any domestic, foreign, or alien surety company which has qualified under Chapter 58 of the N. See North Carolina General Statutes 15A-531
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Professional bondsman: means any person who is approved and licensed by the Commissioner of Insurance under Article 71 of Chapter 58 of the N. See North Carolina General Statutes 15A-531
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Surety: means :

    a. See North Carolina General Statutes 15A-531

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