500 E. San Antonio
5th Floor, Suite 503
El Paso, Texas 79901
Phone (915) 546-2050
Fax (915) 546-2133
Monday - Friday
8:00 am to 5:00 pm
YSLETA ANNEX OFFICE
9521 Socorro Rd. Suite A-3
El Paso , Texas 79927
Phone (915) 858-2239
Fax (915) 858-0631
8:30 am to 5:30 pm
NORTHEAST ANNEX OFFICE
4641 Cohen St. Suite D
El Paso , Texas 79924
Phone (915) 759-7990
Fax (915) 858-0631
8:30 am to 5:00 pm
- Bond Forfeitures - Settlement Policy
- Effective September 7, 2001, settlement of bond forfeiture cases will be handled pursuant to the following guidelines: (Previously set cases will be handled under the old guidelines as they relate to time limits for settlement before trial. However the new guidelines in items 1-4 shall apply to all cases set on or after September 10, 2001.)
- 1. If the Defendant-Principal is out on bond in the amount of $1,500.00 or less, and he/she is arrested and placed in the El Paso County jail within 21 days after the Judgment Nisi is signed, the Nisi will be dismissed without payment of any money and without charging any court costs.
- 2. If the Defendant-Principal is out on bond in the amount of $1,500.00 or less, and he/she is arrested after 21 days but before 60 days from the date of the Nisi being signed, the County Attorney's office will settle for Court costs only.
- 3. In lieu of numbers 1 and 2 above, the Defendant-Principal's bond may be reinstated after payment of 10% of the bond amount and the court costs within 60 days from the signing of the Nisi, if agreed to by the Surety.
- 4. If the Defendant-Principal is out on bond in an amount over $1,500.00, and he/she is arrested within 60 days from the signing of the Nisi, the County Attorney will settle for 10% of the bond amount plus court costs. The Defendant-Principal may, if agreed to by the Surety, reinstate the bond with the same payment.
- 5. After 60 days, on all bond amounts, if the Defendant-Principal is returned, the County Attorney will settle for 20% of the bond amount plus costs, so long as the case is settled by an agreed Judgment in the bond forfeiture action and returned to the County Attorney no later than 42 days before the final hearing date.
- 6. If the Defendant-Principal is not returned by the settlement day, the County Attorney's office will settle the bond forfeiture action for 80% of the bond amount plus court costs, so long as the case is settled by an agreed Judgment and returned to the County Attorney no later than 42 days before the final hearing date.
- 7. All settlement conferences will be set approximately 6 months after the Nisi date and final hearings will be set approximately 45 days after the settlement conferences.
- 8. Cases without answers will not be set for conferences or hearings. Default judgments will be taken on cases without answers.
- 9. A Defendant-Principal and Surety reinstating a forfeited bond must:
- a. pay the applicable percentage of the bond and court costs; and
- b. sign all documents including the new court setting.
- The bondsman must agree to reinstate the bond.
- 10. IF THE DEFENDANT-PRINCIPAL IS RETURNED AFTER SETTLEMENT BUT WITHIN 30 DAYS AFTER THE AGREED ORDER IS SIGNED BY THE JUDGE, AND THE DEFENDANT-SURETY FILES A MOTION FOR NEW TRIAL ON OR BEFORE THE 30TH DAY AFTER THE JUDGMENT IS SIGNED BY THE JUDGE, THE COUNTY ATTORNEY'S OFFICE WILL AGREE TO A NEW AGREED ORDER AT 20% OF THE BOND AMOUNT. NO OTHER CASES ARE AVAILABLE FOR SETTLEMENT AFTER THE SETTLEMENT CONFERENCE DATE.
- 11. When a defendant is arrested on other charges, but is not booked on your case, the County Attorney's office will settle for 80% plus Court costs. We request that you obtain a warrant with a motion to surrender if the defendant is in the El Paso County jail.
- 12. ALL DISMISSALS AND AGREED ORDERS ARE SUBJECT TO THE APPROVAL OF THE COURT INVOLVED.
- 13. If defendants are returned no later than two years after the Final Judgment, and a Bill of Review is filed within that two year period, the County Attorney will settle for a remittitur of 50% of the judgment amount entered in the bond forfeiture action, plus costs. Court costs in the Bill of Review will be paid by the Bondsman.