Rule 3:26-6. Forfeiture
(a) Declaration; Notice. Declaration; Notice. Upon breach of a condition of a
recognizance, the court on its own motion shall order forfeiture of the monetary bail, and
the finance division manager shall forthwith send notice of the forfeiture, by ordinary
mail, to county counsel, the defendant, and any surety or insurer, bail agent or agency
whose names appear on the bail recognizance. Notice to any insurer, bail agent or
agency shall be sent to the address recorded in the Bail Registry maintained by the
Clerk of the Superior Court pursuant to R. 1:13-3. The notice shall direct that judgment
will be entered as to any outstanding monetary bail absent a written objection seeking to
set aside the forfeiture, which must be filed within 75 days of the date of the notice. The
notice shall also advise the insurer that if it fails to satisfy a judgment entered pursuant
to paragraph (c), and until satisfaction is made, it shall be removed from the Bail
Registry and its bail agents and agencies, guarantors, and other persons or entities
authorized to administer or manage its bail bond business in this State will have no
further authority to act for it, and their names, as acting for the insurer, will be removed
from the Bail Registry. In addition the bail agent or agency, guarantor or other person or
entity authorized by the insurer to administer or manage its bail bond business in this
State who acted in such capacity with respect to the forfeited bond will be precluded, by
removal from the Bail Registry, from so acting for any other insurer until the judgment
has been satisfied. The court shall not enter judgment until the merits of any objection
are determined either on the papers filed or, if the court so orders for good cause, at a
hearing. In the absence of objection, judgment shall be entered as provided in
paragraph (c), but the court may thereafter remit it, in whole or in part, pursuant to the
court rules and/or administrative directives, including but not limited to the Revised
Remission Guidelines.
(b) Setting Aside. The court may, either before or after the entry of judgment,
direct that an order of forfeiture or judgment be set aside, in whole or in part, pursuant to
the court rules and/or administrative directives, including but not limited to the Revised
Remission Guidelines, upon such conditions as it imposes.
(c) Enforcement; Remission. In the absence of a motion, when a forfeiture is not
set aside or satisfied, the court shall, upon expiration of the 75 days provided for in
paragraph (a), summarily enter a judgment of default for any outstanding bail and
execution may issue thereon.
The time period of 75 days may be extended by the court to permit one stay by
consent order of no more than 30 days. Entry of judgment shall follow, unless upon
motion to the court a longer period is permitted based upon a finding of exceptional
circumstances.
After entry of such judgment, the court may remit it in whole or in part, pursuant
to the court rules and/or administrative directives, including but not limited to the
Revised Remission Guidelines. If, following the court's decision on an objection
pursuant to paragraph (a) of this rule, the forfeiture is not set aside or satisfied in whole
or in part, the court shall enter judgment for any outstanding bail and, in the absence of
satisfaction thereof, execution may issue thereon.
Judgments entered pursuant to this rule shall also advise the insurer that if it fails
to satisfy a judgment, and until satisfaction is made, it shall be removed from the Bail
Registry and its bail agents and agencies, guarantors, and other persons or entities
authorized to administer or manage its bail bond business in this State will have no
further authority to act for it, and their names, as acting for the insurer, will be removed
from the Bail Registry, as provided in paragraph (a). A copy of the judgment entered
pursuant to this rule is to be served by ordinary mail to county counsel, and on any
surety or any insurer, bail agent or agency named in the judgment. Notice to any
insurer, bail agent or agency shall be sent to the address recorded in the Bail Registry.
In any contested proceeding, county counsel shall appear on behalf of the government.
County counsel shall be responsible for collection of forfeited amounts.
Note: Source -- R.R. 3:9-7(a) (b) (c) (first sentence) (d); paragraphs (a) and (c) amended July 10,
1998 to be effective September 1, 1998; paragraphs (a), (b) and (c) amended July 28, 2004 to be
effective September 1, 2004; paragraph (a) amended August 30, 2016 to be effective January 1, 2017;
paragraphs (a), (b) and (c) amended July 28, 2017 to be effective September 1, 2017.
(a) Declaration; Notice. Declaration; Notice. Upon breach of a condition of a
recognizance, the court on its own motion shall order forfeiture of the monetary bail, and
the finance division manager shall forthwith send notice of the forfeiture, by ordinary
mail, to county counsel, the defendant, and any surety or insurer, bail agent or agency
whose names appear on the bail recognizance. Notice to any insurer, bail agent or
agency shall be sent to the address recorded in the Bail Registry maintained by the
Clerk of the Superior Court pursuant to R. 1:13-3. The notice shall direct that judgment
will be entered as to any outstanding monetary bail absent a written objection seeking to
set aside the forfeiture, which must be filed within 75 days of the date of the notice. The
notice shall also advise the insurer that if it fails to satisfy a judgment entered pursuant
to paragraph (c), and until satisfaction is made, it shall be removed from the Bail
Registry and its bail agents and agencies, guarantors, and other persons or entities
authorized to administer or manage its bail bond business in this State will have no
further authority to act for it, and their names, as acting for the insurer, will be removed
from the Bail Registry. In addition the bail agent or agency, guarantor or other person or
entity authorized by the insurer to administer or manage its bail bond business in this
State who acted in such capacity with respect to the forfeited bond will be precluded, by
removal from the Bail Registry, from so acting for any other insurer until the judgment
has been satisfied. The court shall not enter judgment until the merits of any objection
are determined either on the papers filed or, if the court so orders for good cause, at a
hearing. In the absence of objection, judgment shall be entered as provided in
paragraph (c), but the court may thereafter remit it, in whole or in part, pursuant to the
court rules and/or administrative directives, including but not limited to the Revised
Remission Guidelines.
(b) Setting Aside. The court may, either before or after the entry of judgment,
direct that an order of forfeiture or judgment be set aside, in whole or in part, pursuant to
the court rules and/or administrative directives, including but not limited to the Revised
Remission Guidelines, upon such conditions as it imposes.
(c) Enforcement; Remission. In the absence of a motion, when a forfeiture is not
set aside or satisfied, the court shall, upon expiration of the 75 days provided for in
paragraph (a), summarily enter a judgment of default for any outstanding bail and
execution may issue thereon.
The time period of 75 days may be extended by the court to permit one stay by
consent order of no more than 30 days. Entry of judgment shall follow, unless upon
motion to the court a longer period is permitted based upon a finding of exceptional
circumstances.
After entry of such judgment, the court may remit it in whole or in part, pursuant
to the court rules and/or administrative directives, including but not limited to the
Revised Remission Guidelines. If, following the court's decision on an objection
pursuant to paragraph (a) of this rule, the forfeiture is not set aside or satisfied in whole
or in part, the court shall enter judgment for any outstanding bail and, in the absence of
satisfaction thereof, execution may issue thereon.
Judgments entered pursuant to this rule shall also advise the insurer that if it fails
to satisfy a judgment, and until satisfaction is made, it shall be removed from the Bail
Registry and its bail agents and agencies, guarantors, and other persons or entities
authorized to administer or manage its bail bond business in this State will have no
further authority to act for it, and their names, as acting for the insurer, will be removed
from the Bail Registry, as provided in paragraph (a). A copy of the judgment entered
pursuant to this rule is to be served by ordinary mail to county counsel, and on any
surety or any insurer, bail agent or agency named in the judgment. Notice to any
insurer, bail agent or agency shall be sent to the address recorded in the Bail Registry.
In any contested proceeding, county counsel shall appear on behalf of the government.
County counsel shall be responsible for collection of forfeited amounts.
Note: Source -- R.R. 3:9-7(a) (b) (c) (first sentence) (d); paragraphs (a) and (c) amended July 10,
1998 to be effective September 1, 1998; paragraphs (a), (b) and (c) amended July 28, 2004 to be
effective September 1, 2004; paragraph (a) amended August 30, 2016 to be effective January 1, 2017;
paragraphs (a), (b) and (c) amended July 28, 2017 to be effective September 1, 2017.
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