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Questions and Answers
What is the defendant's status if he moved to a non-extraditable state?
What is the defendant's status if he moved to a non-extraditable state?
The defendant is not extraditable.
How many days does a bondsman have to notify the Department of Insurance that he has moved his business or residence?
How many days does a bondsman have to notify the Department of Insurance that he has moved his business or residence?
- 15 days
- 10 days
- 10 business days (correct)
- 45 business days
Which of the following is a bondsman required to give to the person who provides collateral?
Which of the following is a bondsman required to give to the person who provides collateral?
- A digital picture showing the condition of collateral
- Name of person who will be holding collateral and where it will be held
- A written receipt describing the collateral (correct)
- Signed and completed North Carolina Department of Insurance collateral receipt form (correct)
Which of the following is not required on a bond premium receipt?
Which of the following is not required on a bond premium receipt?
A bondsman may be paid over 15% of the bond if which condition is met?
A bondsman may be paid over 15% of the bond if which condition is met?
All contracts and forms used by an NC bondsman must be approved by which entity?
All contracts and forms used by an NC bondsman must be approved by which entity?
If a bondsman fails to notify the NCDOI of bankruptcy or state receivership, what is the maximum suspension for his license?
If a bondsman fails to notify the NCDOI of bankruptcy or state receivership, what is the maximum suspension for his license?
A bondsman must notify NCDOI of his or her bankruptcy within how many days?
A bondsman must notify NCDOI of his or her bankruptcy within how many days?
A defendant's bond may be revoked if he:
A defendant's bond may be revoked if he:
Of the following, which actions can a bondsman take?
Of the following, which actions can a bondsman take?
Which document can NOT be used to surrender a defendant?
Which document can NOT be used to surrender a defendant?
A bondsman may surrender a defendant pre-breach:
A bondsman may surrender a defendant pre-breach:
A bondsman who had additional expenses associated with a bond may charge up to:
A bondsman who had additional expenses associated with a bond may charge up to:
Which of the following is the maximum cash collateral that may legally be accepted on a $20,000 bond?
Which of the following is the maximum cash collateral that may legally be accepted on a $20,000 bond?
Who enforces maximum premium rates in North Carolina?
Who enforces maximum premium rates in North Carolina?
A bondsman must do all of the following except:
A bondsman must do all of the following except:
A professional bondsman must keep a record of every bond he writes for:
A professional bondsman must keep a record of every bond he writes for:
What is the maximum amount of cash collateral that can be accepted for a $25,000 bond?
What is the maximum amount of cash collateral that can be accepted for a $25,000 bond?
Before a surety bondsman can write a bond, he must:
Before a surety bondsman can write a bond, he must:
Which of the following is a bail bondsman legally allowed to do?
Which of the following is a bail bondsman legally allowed to do?
A bondsman who doesn't pay the premium he owes to an insurer is guilty of:
A bondsman who doesn't pay the premium he owes to an insurer is guilty of:
A professional bail bondsman who willfully falsifies a monthly report is guilty of a:
A professional bail bondsman who willfully falsifies a monthly report is guilty of a:
In a bail bond office, an unlicensed person can be hired to:
In a bail bond office, an unlicensed person can be hired to:
With the exception of the felonies cited in NCGS 58-71, the maximum charge for a bondsman violating any other bail bond law is a:
With the exception of the felonies cited in NCGS 58-71, the maximum charge for a bondsman violating any other bail bond law is a:
If a bondsman doesn't return collateral valued at $1,000 within 15 days after his defendant's case is over, he can be convicted of:
If a bondsman doesn't return collateral valued at $1,000 within 15 days after his defendant's case is over, he can be convicted of:
Under NCGS 58-71, which is a Class I felony?
Under NCGS 58-71, which is a Class I felony?
Your defendant missed his court date. In order to get off the bond, you must:
Your defendant missed his court date. In order to get off the bond, you must:
As a licensed bail agent in North Carolina, you may:
As a licensed bail agent in North Carolina, you may:
Bondsmen are authorized to check ACIS (AOC Criminal Information System) to:
Bondsmen are authorized to check ACIS (AOC Criminal Information System) to:
In North Carolina, a bail agent cannot legally do any of the following except:
In North Carolina, a bail agent cannot legally do any of the following except:
When his defendant's case is over, if a bondsman does not return collateral worth over $1,500, he is guilty of:
When his defendant's case is over, if a bondsman does not return collateral worth over $1,500, he is guilty of:
A North Carolina bail bondsman may accept a premium of:
A North Carolina bail bondsman may accept a premium of:
An NC bail bondsman may legally do all of the following except:
An NC bail bondsman may legally do all of the following except:
The maximum referral fee a bondsman is legally allowed to pay is:
The maximum referral fee a bondsman is legally allowed to pay is:
In North Carolina, a bail bondsman may:
In North Carolina, a bail bondsman may:
A bail bondsman may do all of the following, with the exception of:
A bail bondsman may do all of the following, with the exception of:
As collateral on a $20,000 bond, a bondsman may legally accept:
As collateral on a $20,000 bond, a bondsman may legally accept:
Which of the following people and/or entities are legally responsible to the state for a bond?
Which of the following people and/or entities are legally responsible to the state for a bond?
Who can be monetarily compensated for posting a bond?
Who can be monetarily compensated for posting a bond?
It is unlawful in North Carolina for bail bondsmen to do all of the following except:
It is unlawful in North Carolina for bail bondsmen to do all of the following except:
Per statute, a bail bondsman in North Carolina must:
Per statute, a bail bondsman in North Carolina must:
If the defendant misses a premium payment, the bondsman may:
If the defendant misses a premium payment, the bondsman may:
A bondsman may keep the premium for every reason listed below except:
A bondsman may keep the premium for every reason listed below except:
In addition to the bond premium, a bail bondsman may accept:
In addition to the bond premium, a bail bondsman may accept:
Bondsmen in NC may:
Bondsmen in NC may:
A bail bond is effective and binding until:
A bail bond is effective and binding until:
Upon a bail bond's discharge and disposition, a bondman:
Upon a bail bond's discharge and disposition, a bondman:
A bondsman guarantees that he will:
A bondsman guarantees that he will:
A bondsman may do all of the following except:
A bondsman may do all of the following except:
A bail bond is exonerated if the defendant:
A bail bond is exonerated if the defendant:
When a bail bond is exonerated, the bail bondsman:
When a bail bond is exonerated, the bail bondsman:
Identifying information required on each bond includes the name of:
Identifying information required on each bond includes the name of:
Which is not considered identifying information on the bond?
Which is not considered identifying information on the bond?
Where is the affidavit located?
Where is the affidavit located?
An access violation of ACIS (AOC's Criminal Information System) by a bondsman is a:
An access violation of ACIS (AOC's Criminal Information System) by a bondsman is a:
Who is legally allowed to use a bondsman's password to access ACIS (AOC's Criminal Information System)?
Who is legally allowed to use a bondsman's password to access ACIS (AOC's Criminal Information System)?
Who can file a motion to set aside a forfeiture?
Who can file a motion to set aside a forfeiture?
Even if significant information is missing, a bond is still binding if these 3 things are correct on it:
Even if significant information is missing, a bond is still binding if these 3 things are correct on it:
How long does a bondsman have to be licensed before he can supervise a first-year licensee?
How long does a bondsman have to be licensed before he can supervise a first-year licensee?
The AOC form that has the bond amount printed on it is the:
The AOC form that has the bond amount printed on it is the:
If a bail bondsman does not charge his defendant a premium, the bondsman must:
If a bail bondsman does not charge his defendant a premium, the bondsman must:
If a defendant agrees to pay a portion of the premium on a certain date, then the bondsman must list the amount of promised premium and payment date on:
If a defendant agrees to pay a portion of the premium on a certain date, then the bondsman must list the amount of promised premium and payment date on:
Details about the collateral must be listed on:
Details about the collateral must be listed on:
How many days between a forfeiture notice and final judgment?
How many days between a forfeiture notice and final judgment?
How many days does the school board attorney have to object to a bondsman's motion to set aside a forfeiture?
How many days does the school board attorney have to object to a bondsman's motion to set aside a forfeiture?
A bond forfeiture may be set aside for all of the following reasons except:
A bond forfeiture may be set aside for all of the following reasons except:
Study Notes
Surety Bondsman Requirements
- A surety bondsman must be listed on the Electronic Bondsmen Registry before writing a bond.
- To post bonds in any North Carolina county is legally allowed for bail bondsmen.
Legal Violations and Penalties
- Misappropriation occurs when a bondsman fails to pay premiums owed to an insurer.
- Willfully falsifying a monthly report results in a Class I Felony.
- Violating bail bond laws can lead to maximum penalties classified as Class I Misdemeanor.
- Not returning collateral valued at $1,000 within 15 days can also result in a Class 1 Misdemeanor.
Collateral and Premium Regulations
- Bondsmen can accept collateral and charge specific fees, but charging 20% premium is illegal.
- Accepting a boat and a guitar as collateral for a bond may come under scrutiny if they don't meet the required standards.
- A Class I felony is applicable if collateral worth over $1,500 is not returned.
- Premium charges must not exceed 2% unless specified with documentation from the defendant.
Duties and Responsibilities of Bondsmen
- Bondsmen must surrender the defendant and file a motion to strike forfeiture if the defendant misses a court date.
- A bail bondsman must guarantee a defendant's appearance in all scheduled court cases to avoid bond forfeiture.
- Licensed bondsmen have the authority to check criminal case dispositions via ACIS, verifying defendants’ backgrounds.
Bail Bond Process and Documentation
- An appearance bond contains all necessary identifying information, including the names of the defendant, surety, and bondsman.
- Collateral details must be accurately documented in both the collateral receipt and the affidavit on the Appearance Bond.
- A bondsman retains the premium if the defendant does not fulfill court obligations but must follow legal guidelines for bond disposals.
Legal and Administrative Compliance
- Bondsmen must notify the Department of Insurance (DOI) within 10 business days regarding any changes to their business or residence.
- All contracts and forms used in North Carolina must be approved by the Department of Insurance prior to use to ensure compliance.
Restrictions on Bondsmen
- It is illegal for bail bondsmen to act as the defendant's attorney or enter a third party residence without permission, even if the defendant is present.
- Bondsmen cannot charge extra fees at their discretion but may only impose legally allowed charges.
Miscellaneous Regulations
- The magistrate's authorization is crucial; a bond remains binding despite significant missing information if the required elements are correct.
- A bondsman has 150 days to finalize forfeiture proceedings before judgment.
- Up to 15% of bond fees can be collected based on regulatory allowances and considerations.
Handling Premium and Compensation
- Bondsmen are not entitled to rebates or other forms of compensation outside their prescribed service fees.
- Bills or financial agreements regarding premium payments must be fully documented to avoid disputes.
Final Notes
- Understanding the legal responsibilities and limitations of a bail bondsman is crucial for compliance and successful operation.
- Accurate record-keeping, including client communications and collateral management, is essential for maintaining a reputable bail bond practice.### Bond Requirements and Notifications
- All contracts/forms must include a form number, bondsman's license number, and NCDOl approval; supervising agent's license number is not required.
- Bondsman must notify NCDOI of bankruptcy within 3 business days or may face suspension for up to 3 years.
- A defendant's bond can be revoked for not fulfilling court obligations.
Powers and Limitations of Bondsmen
- Bondsman may surrender a defendant after a breach of the undertaking.
- A bondsman is not required to return the premium if the co-signer wants the defendant back in jail or if the defendant is arrested on a new charge.
Surety Types and Characteristics
- Surety options include professional, runner, accommodation, and surety bondsman; runners and surety bondsman are not considered sureties.
- A bondsman can surrender a defendant at any time as long as they have a copy of the bond.
Collateral and Premium Regulations
- A bondsman can accept 100% of the total bond amount in collateral and 15% in premium.
- Maximum premium for a bond is capped at 15%, dictated by NC General Statutes and enforced by NCDOI.
- A bondsman may charge a maximum of $750 for expenses associated with a bond exceeding $5,000, excluding mileage.
Record Keeping and Reporting
- Professional and surety bondsmen must maintain records for 3 years from the date of final file entry.
- Monthly reports to NCDOI are required, listing bonds the professional bondsman is still liable for.
- Bondsmen must provide a receipt upon receipt of collateral and include specific bond information.
Cash Collateral and Indemnity Agreements
- Collateral must be deposited in a trust account within 2 banking days.
- If premium payment arrangements are made, details are documented in a memorandum of agreement.
- Bondsmen are prohibited from posting child support bonds and must return collateral within 15 days after bond liability ends.
Legal Consequences and Limits
- Failure to return collateral valued above $1,500 may lead to criminal charges.
- Bondsmen who charge illegally or collect excessive collateral may face repercussions under the North Carolina Administrative Code.
- A surety bondsman must maintain a minimum security deposit of $15,000 and is subject to specific supervisory rules if newly licensed.
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Description
Test your knowledge of the regulations and responsibilities of bail bondsmen in North Carolina with these flashcards. Each card presents key concepts and definitions essential for understanding the bail bond process. Ideal for those preparing for the NC Bail Academy.
