Rule 146. Forfeiture
(a) Declaration. If there is a breach of condition of a recognizance, the
court having jurisdiction shall declare a forfeiture of the bail.
(b) Setting aside. The court may direct that a forfeiture be set aside
upon such condition as the court may impose, if it appears that justice does
not require the enforcement of the forfeiture.
(c) Enforcement. When a forfeiture has not been set aside, the court
shall on motion enter a judgment of default and execution may issue thereon. By
entering into a recognizance, the obligors submit to the jurisdiction of the
court and irrevocably appoint the clerk of the court as their agent upon whom
any papers affecting their liability may be served. Their liability may be
enforced on motion without the necessity of an independent action. The motion
and such notice of the motion as the court prescribes may be served on the
clerk of the court, who shall forthwith mail copies to the obligors to the last
(d) Remission. After entry of such judgment, the court may remit it in
whole or in part under the conditions applying to the setting aside of
forfeiture in paragraph (b) of this rule.
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