1. Applicable Statutes

 

Michigan Compiled Laws Annotated Chapters 760 to 776. Code of Criminal Procedure Chapter 765: Bail, Sections 765.1-765.28

 

Michigan Penal Code Chapter XXVVIII: Disorderly Persons, Section 750.167b

 

 

2. Licensing Requirements

 

There are currently no statutory licensing requirements for bondsmen in Michigan , however Michigan Penal Code § 750.167b enumerates prohibited conduct for bondsmen.

 

A surety bail agent is required to take and pass the exam for a limited lines property/casualty license.

 

3. Notice of Forfeiture

 

After the default is entered, the court shall give each surety immediate notice not to exceed 7 days after the date of the failure to appear. The notice shall be served upon each surety in person or left at the surety's last known business address. Each surety shall be given an opportunity to appear before the court on a day certain and show cause why judgment should not be entered against the surety for the full amount of the bail or surety bond. [M.C.L. § 765.28]

 

 

4. Forfeiture to Judgment

 

If good cause is not shown for the defendant's failure to appear, the court shall enter judgment against the surety on the recognizance for an amount determined appropriate by the court but not more than the full amount of the bail, or if a surety bond has been posted the full amount of the surety bond. If the amount of a forfeited surety bond is less than the full amount of the bail, the defendant shall continue to be liable to the court for the difference, unless otherwise ordered by the court. Execution shall be awarded and executed upon the judgment in the manner provided for in personal actions. [M.C.L. § 765.28]

 

If bond or bail is forfeited, the court shall enter an order upon its records directing the disposition of the cash, check, or security within 45 days of the order.

 

 

5. Forfeiture Defenses

 

Forfeiture may be set aside upon a showing of good cause. [M.C.L. § 765.28]

 

 

6. Remission

 

The court shall set aside the forfeiture and discharge the bail or bond, within 1 year from the time of the forfeiture judgment if the person who forfeited bond or bail is apprehended, the ends of justice have not been thwarted, and the county has been repaid its costs for apprehending the person.

 

However, the above section does not apply if the defendant was apprehended more than 56 days after the bail or bond was ordered forfeited and judgment entered and the surety did not fully pay the forfeiture judgment within that 56-day period. [M.C.L. § 765.28]

 

 

7. Bail Agent's Arrest Authority

 

A surety may, with or without assistance, arrest or detain the accused and deliver him or her to any jail or to the sheriff of any county. In making the arrest or detainment, he or she is entitled to the assistance of any peace officer. Upon delivery of his or her principal at the jail by the surety or his or her agent or any officer, the surety shall be released from the conditions of his or her recognizance . [M.C.L. § 765.26]

 

 

8. Other Noteworthy Provisions

 

The bonding fee charged to the principal by the bondsman shall not exceed 10% of the face value of the bond. [MI Penal Code § 750.167b]

 

 

9. Noteworthy Appellate Decisions

 

Michael Calvert d/b/a Calvert Bonding Service v. Lapeer

Supreme Court of Michigan .

June 15, 1993.

Bail bondsman sought writ of superintendent control after a circuit court removed him from list of approved bail bondsman. The Court of Appeals determined that the insurance commissioner, rather than judges, had authority to suspend bail bondsman. The Supreme Court held that judges have authority to remove a bail bondsman's name from list. The Court of Appeals decision was reversed.

 

Citizens for Pretrial Justice v. Charles Goldfarb and Irwin Goldfarb d/b/a Goldfarb Bonding Agency and Carmen Mitchell d/b/a Carmen Mitchell Bail Bonds Agency

Supreme Court of Michigan .

Dec. 20, 1982.

Action was brought challenging the legality of business practices of bail bond agencies. The Circuit Court, Wayne County , entered an order allowing intervention and substitution of plaintiffs, defying and certifying class, and preliminarily enjoining defendants from overcharging or summarily re-arresting a principal in connection with a bail bond, and the Court of Appeals affirmed in part, reversed in part, and remanded. 88 Mich.App. 519, 278 N.W.2d 653. The defendants appealed and plaintiffs cross-appealed. The Supreme Court, held that: (1) the statutes unambiguously limited the fee a bondsman could charge to 10% of face value of the bond; (2) fee statute did not limit a bondsman's right to take collateral security.

 

Stillman and Davidson v. Goldfarb d/b/a Goldfarb Bonding Agency and The Lehigh Agency, International Fidelity Insurance Company and the Allegheny Mutual Casualty Company

Court of Appeals of Michigan .

Oct. 17, 1988.

Trusts and beneficiaries of trusts brought action against bail bondsmen, bail bondsmen's agency, and bonding company, to recover appeal bond premiums and interest earned on cash collateral deposited with bonding company. The Oakland Circuit Court entered partial summary judgment for defendants, but ruled that trusts and trust beneficiaries had standing to bring action, and all parties appealed. The Court of Appeals held that: the bonding company could not permanently retain interest on cash collateral posted for bond where company was already receiving maximum statutory fee; and expenses necessitated by bondsman's travel to post bond in another state did not constitute "fees" for purpose of deciding whether bondsman was collecting amount in excess of maximum statutory fee.

 

 

10. Bounty Hunter Laws

 

There are no provisions relating specifically to bounty hunters.