Missouri Agreed Order and Final Judgment - Awarding Forfeiture
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FAQ
If there is a breach of a condition of a bond; e.g., when a defendant fails to appear for a scheduled court appearance, the court may declare a Bond Forfeiture. Upon filing of a motion by the prosecuting attorney, the court may enter a judgment awarding the bond money to the municipality.
If there is a breach of the contract of the bond, the court in which the case is pending shall declare a bond forfeiture, unless the surety upon such bond informs the court that the defendant is incarcerated somewhere within the United States.
What is an asset forfeiture money judgment? A: An asset forfeiture money judgment can be obtained when the proceeds or property involved in criminal activity cannot be located. In such cases, the Government establishes the value of the assets that would be subject to forfeiture.
If the amount of your bond is more than your fine(s) and court costs, you will be entitled to a refund of the balance of your bond money remaining after the fine(s) and costs are paid. Bond refunds will be payable only to the defendant unless otherwise ordered by the court.
Bond forfeiture is the enforcement of a guarantee. This can apply to any bond but the best example is the bail bond. Most commonly, bail bonds are forfeited when a defendant misses a court date. The bail bondsman or bondswoman must then pay the outstanding bail.
In Missouri, the defendant is in most instances entitled to be released upon payment of a 10% cash fee paid to the Court Clerk as the bond. This money, unlike money paid to a bondsman, is then refunded to the defendant at the conclusion of the case.
[if] the judgment is void.? A judgment is void if the trial court that rendered the judgment lacked jurisdiction to do so. The party moving to set aside the default judgment has the burden to prove that the request can be granted.
A judgment may be revived by order of the court that entered it pursuant to a motion for revival filed by a judgment creditor within ten years after entry of the judgment, the last payment of record, or the last prior revival of the judgment. 2.
