North Carolina Motion For Return of Bond

State:
North Carolina
Control #:
NC-SKU-0247
Format:
PDF
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Description

Motion For Return of Bond

A North Carolina Motion For Return of Bond is a legal document used in North Carolina courts to request the return of a security bond amount from the court. It is usually filed by a defendant in a criminal case who has posted a bond guaranteeing their appearance in court. The motion must be filed with the court in the county in which the criminal charge is pending. There are two types of North Carolina Motion For Return of Bond: a Motion for Return of Cash Bond and a Motion for Return of Surety Bond. In a Motion for Return of Cash Bond, the defendant requests the return of the cash bond posted to guarantee their appearance in court. In a Motion for Return of Surety Bond, the defendant requests the return of the surety bond posted to guarantee their appearance in court.

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FAQ

To obtain a bail bond, defendants should expect to pay a minimum of 10% and a maximum of 20% of the full bail amount. The bond amount in North Carolina can reach up to 15%. So, if your bail set is $10,000, you have to pay $1,500 in bail bonds to your agent.

But do you get bond money back? The answer is no. Paying a bond premium is the same as paying access for a service. The fee you pay to the bondsman stays with the bondsman to help them cover costs as well as encouraging defendants not to skip bail.

Bail?also referred to a bail bond?is the amount you must pay and the promises you must make to be released from jail until your criminal case is resolved. Usually, within 48 hours of your arrest, you will be brought before a magistrate who will set the amount of your bail and any other conditions for your release.

If you pay the bond and you meet all the judge's requirements, then the judge will order your bail as refundable. You then receive the money back ? minus any fees set by the court. If you don't meet the judge's requirements, the court can keep your bail.

Extension of Time to Answer Lawsuit in NC An extension of time to file a written Answer essentially provides an extra 30 days to file a written Answer at the courthouse. Although not guaranteed or automatic, filing an extension of time is common practice and is routinely granted in North Carolina.

The standard bail fee is about 15 percent of the bail amount. You'll pay either using cash, secured bail bonds, or unsecured bail bonds. You can also get an ?Own Recognizance? release. This means you won't pay anything but will promise in writing to be present for your court cases.

A bond hearing is when a North Carolina judge sets the terms and conditions of a defendant's pre-trial release, including his or her bond amount, when the defendant has been arrested.

Bail bonds in Raleigh, NC are set in ance with the North Carolina state law. Once your loved one has been arrested, bail will be set by a local judge or magistrate. There are factors considered when setting bail, including: The type and severity of crime the person has been arrested for.

More info

Return of Cash Bail. Fill in all blanks in the motion section of the attached motion form.Sign and date the motion. Attorneys seeking portions of Bond must have a completed W9 on file with the Accounting Division for the refund to be generated. You must complete the request for return of bond form (PDF). If you have posted bond and wish to change either the conditions or the amount, you must file a Motion to Modify Bond. Bail is returned to defendants when their trial is over, in some states minus a processing fee. (C) On motion of the surety, the court may refund a forfeited bail bond or collateral that was not paid within the time limits. NOW INTO COURT comes. The purpose of the bond is to protect both parties while execution of the judgment is stayed.

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North Carolina Motion For Return of Bond