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 known addresses.

(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.

Main - Table of Contents | Up one level