In Re BAIL BOND FORFEITURE
496 Mich. 320
| Mich. | 2014Background
- Gaston posted a $50,000 surety bond for defendant’s release; defendant failed to appear on Feb 7 and Feb 11, 2008; trial court forfeited bond and ordered judgment against defendant and surety; after 3-year gap, court notified surety to show cause for forfeiture; the surety argued timely notice under MCL 765.28(1) was required and barred forfeiture; Moore held notice was directory, not mandatory; Michigan Supreme Court overruled Moore and held seven-day notice is mandatory and noncompliance bars forfeiture; majority adopts mandatory-notice rule to protect surety and public interests; the case involves whether the trial court’s failure to provide seven-day notice can invalidate a forfeiture against the surety.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether seven‑day notice under MCL 765.28(1) is mandatory and bars forfeiture | Gaston (surety) | Gaston’s reliance on Moore; notice was directory | Yes; seven-day notice mandatory, bars forfeiture |
| Whether Moore was correctly decided and should be overruled | Gaston urges overrule of Moore | Moore valid | Moore overruled; mandatory notice prevails |
| Whether MCL 765.27 provides a remedy in this context | Moore relied on 765.27 | 765.27 not applicable | Not applicable to this default notice scenario |
Key Cases Cited
- Lathrop, Agent of State Prison v. Lathrop, 1 Mich 438 (1850) (public-officer duties; mandatory notice when public rights at stake)
- Fay v. Wood, 65 Mich 390 (1887) (time provisions mandatory when safeguarding rights)
- People v Weston, 413 Mich 371 (1982) (discharge for failure to hold preliminary examination within time limit (mandatory rule when no remedy provided))
- People v Smith, 200 Mich App 237 (1993) (remedies for statutory time limits; earlier view on mandatory vs directory)
- People v Yarema, 208 Mich App 54 (1994) (remedies for statutory time limits; related principle)
- In re Forfeiture of Bail Bond (People v Moore), 276 Mich App 482 (2007) (notwithstanding, Moore misread time provision; later overruled by Michigan Supreme Court)
- Weston v. State, Not applicable; (contextual reference) (1982) (see Weston for preliminary examination timing)
- Dolan v United States, 560 U.S. 605 (2010) (speedy restitution and deadlines; constitucional analytic parallel)