Georgia § 17-6-71 Execution hearing on failure of principal to appear; notice of judgment and writ of fieri facias

Georgia Statutes

§ 17-6-71 — Execution hearing on failure of principal to appear; notice of judgment and writ of fieri facias

Georgia § 17-6-71

Title17

This text of Georgia § 17-6-71 (Execution hearing on failure of principal to appear; notice of judgment and writ of fieri facias) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 17-6-71 (2026).

Text

(a)The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond and issue a bench warrant for the principal's arrest. If the forfeiture and bench warrant are not issued and signed within ten days of the failure to appear, the surety shall be relieved of liability on the appearance bond. Upon forfeiting the bond, the judge shall order an execution hearing not sooner than 150 days but not later than 180 days after such failure to appear. Notice of the execution hearing and a copy of the bench warrant shall be served by the clerk of the court in which the bond forfeiture occurred within ten days of such failure to appear by certified mail, return receipt requested, or by electronic means as provided in Code Section 17-6-50 to the surety at the a

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(a) The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond and issue a bench warrant for the principal's arrest. If the forfeiture and bench warrant are not issued and signed within ten days of the failure to appear, the surety shall be relieved of liability on the appearance bond. Upon forfeiting the bond, the judge shall order an execution hearing not sooner than 150 days but not later than 180 days after such failure to appear. Notice of the execution hearing and a copy of the bench warrant shall be served by the clerk of the court in which the bond forfeiture occurred within ten days of such failure to appear by certified mail, return receipt requested, or by electronic means as provided in Code Section 17-6-50 to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent. Service shall be considered complete upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly. If notice of the execution hearing and bench warrant are not served as specified in this subsection, the surety shall be relieved of liability on the appearance bond. (b) If at the execution hearing it is determined that judgment should be entered, the judge shall so order and a writ of fieri facias shall be filed in the office of the clerk of the court where such judgment is entered. Notice of the judgment shall be served by the clerk of the court in which entry of judgment occurred within ten days of such entry by certified mail, return receipt requested, or by electronic means as provided in Code Section 17-6-50 to the surety at the address listed on the bond or by personal service to the surety within ten days of such entry of judgment at its home office or to its designated registered agent. Service shall be considered complete upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly. If the notice of the judgment is not served in the time frame as specified in this subsection, the surety shall be relieved of liability on the appearance bond, the judgment shall be marked satisfied, and the writ of fieri facias shall be canceled. The provisions of this subsection shall apply to all bail bonds, whether returnable to superior court, state court, probate court, magistrate court, or municipal court.