Orders of Revocation in Bail Bond Forfeiture Proceedings

GEORGE DALE Commissioner of Insurance State Fire Marshal LEE HARRELL Deputy Commissioner [LOGO] STATE OF MISSISSIPPI Mississippi Insurance Department 501 N. West Street 1001 Woolfolk Building (39201) Post Office Box 79 Jackson, Mississippi 39205-0079 (601) 359-3569 http://www.doi.state.ms.us ## MISSISSIPPI DEPARTMENT OF INSURANCE BULLETIN NO. 2004-3 March 8, 2004 TO: COURT CLERKS ### RE: ORDERS OF REVOCATION IN BAIL BOND FORFEITURE PROCEEDINGS The purpose of this bulletin is to offer guidance to facilitate the proper procedure for the revocation of surety licenses in the event of bail bond forfeitures. There are two types of professional bail agents: Limited Surety agents and Personal Surety agents. Limited Surety agents are those individuals who write bail bonds on behalf of a licensed insurance company. Personal Surety agents are those who stand personally liable for the bonds they write. Therefore, when a bond is written by a Limited Surety agent the licensed insurance company is the surety on the bail bond. Information on licensed companies may be obtained by accessing the Department's website at http://www.doi.state.ms.us/licapp. The name of the surety is not the same as the trade name under which the Limited Surety agent is doing business (i.e. John Doe Bail Bonding Company). The current law provides that in the event of a bail bond forfeiture the licenses of both the licensed insurance company and its agents (including the Limited Surety agent) shall be revoked. When a bond is written by a Personal Surety agent, the Personal Surety agent is the surety on the bond. Consequently, in the event of a bail bond forfeiture, the Personal Surety agent's license, as surety on the bond, shall be revoked and his or her qualification bond forfeited. e licenses of both the licensed insurance company and its agents (including the Limited Surety agent) shall be revoked. When a bond is written by a Personal Surety agent, the Personal Surety agent is the surety on the bond. Consequently, in the event of a bail bond forfeiture, the Personal Surety agent's license, as surety on the bond, shall be revoked and his or her qualification bond forfeited. Although the procedures in both cases are similar, there are important differences which the attached proposed forms illustrate. The forms accompanying this bulletin are respectfully suggested formats for your consideration when entering Orders of Revocation of License against sureties in bail bond forfeiture proceedings. For clarification of this bulletin, you may contact our Department by telephone at (601) 359-3569 or access the Department's website at http://www.doi.state.ms.us. Respectfully, GEORGE DALE IN THE ________________ COURT OF ________________________, MISSISSIPPI STATE OF MISSISSIPPI VERSUS PLAINTIFF CAUSE NO.: ________________ DEFENDANT SURETY LIMITED SURETY AGENT ## ORDER FOR REVOCATION OF LICENSE (LIMITED SURETY) THIS DAY this cause came on to be heard upon the motion, ore tenus, by ________________________, to direct the Commissioner of Insurance to revoke the authority of the above named Surety and its agents to write bail bonds in this state pursuant to Section 99-5-25 of the Mississippi Code of 1972, as amended. The Court being fully advised in the premises finds that bail for the defendant in this cause has been ordered forfeited, and that final judgment has been properly entered against the Surety for such forfeiture. The Court further finds that said motion is well-taken and should be granted. IT IS THEREFORE ORDERED AND ADJUDGED that the Commissioner of Insurance shall revoke the authority of the aforesaid Surety and its agents to write bail bonds in the State of Mississippi. SO ORDERED AND ADJUDGED, this the ___ day of ____________, 20__. JUDGE been properly entered against the Surety for such forfeiture. The Court further finds that said motion is well-taken and should be granted. IT IS THEREFORE ORDERED AND ADJUDGED that the Commissioner of Insurance shall revoke the authority of the aforesaid Surety and its agents to write bail bonds in the State of Mississippi. SO ORDERED AND ADJUDGED, this the ___ day of ____________, 20__. JUDGE IN THE ________________ COURT OF ________________________, MISSISSIPPI STATE OF MISSISSIPPI VERSUS ________________________ ________________________ PLAINTIFF CAUSE NO.: ________________ DEFENDANT SURETY ## ORDER FOR REVOCATION OF LICENSE (PERSONAL SURETY) THIS DAY this cause came on to be heard upon the motion, ore tenus, by ________________________, to direct the Commissioner of Insurance to revoke the authority of the above named Surety and its agents to write bail bonds in this state pursuant to Sections 99-5-25 and 83-39-7 of the Mississippi Code of 1972, as amended. The Court being fully advised in the premises finds that bail for the defendant in this cause in the amount of $________ has been ordered forfeited, and that final judgment has been properly entered against the Surety for such forfeiture. The Court further finds that said motion is well-taken and should be granted. IT IS THEREFORE ORDERED AND ADJUDGED that the Commissioner of Insurance shall revoke the authority of the aforesaid Surety and its agents to write bail bonds in the State of Mississippi, and that the Commissioner of Insurance shall order the qualification bond of the surety forfeited in the amount of $ ________. SO ORDERED AND ADJUDGED, this the __ day of ______________, 20__. JUDGE