State v. Chestnut, 806 S.E.2d 332

Defendant Michael Chestnut failed to appear in Wilson County District Court on April 8, 2016; the court issued an appearance bond forfeiture of $1,500 (notice mailed April 11, 2016; final-judgment date set 150 days later).
Bail agent Melissa Hines, on behalf of Surety (Agent Associates Ins., LLC), filed a Form AOC-CR-213 motion to set aside the forfeiture on September 6, 2016 but did not check any of the seven statutory boxes identifying an authorized ground under N.C. Gen. Stat. § 15A-544.5(b).
The motion included a letter stating the bail agent had unsuccessfully attempted to locate the defendant and had spent money investigating leads; no statutory evidence (e.g., sheriff’s receipt, death certificate, incarceration record) was attached.
The Board of Education (as the intended recipient of forfeiture proceeds) objected; the trial court held a hearing on October 3, 2016 and granted the motion, finding Surety had "established one or more" § 15A-544.5 grounds.
On appeal the Court of Appeals reviewed the settled record (no transcript; appellant’s proposed record became the record because appellee did not respond) and concluded the documentary record did not support any § 15A-544.5(b) ground.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had authority to set aside the bond forfeiture when the motion did not assert or attach evidence of any § 15A-544.5(b) ground	Board: the motion lacked any of the exclusive statutory grounds and attached no qualifying evidence, so the court erred in setting aside the forfeiture	Surety: argued (at hearing) that grounds existed or that the court should exercise discretion to set aside the forfeiture based on efforts to locate defendant (as reflected in the letter)	The Court held the trial court erred: absent documentary or testimonial proof of one of the exclusive § 15A-544.5(b) grounds, the court lacked authority to set aside the forfeiture; order vacated

State v. Dunn, 200 N.C. App. 606 (N.C. Ct. App.) (discusses entitlement to forfeiture proceeds and appellate standard)
State v. Gonzalez-Fernandez, 170 N.C. App. 45 (N.C. Ct. App.) (explains accrual of final forfeiture judgment 150 days after notice absent timely set-aside)
State v. Williams, 218 N.C. App. 450 (N.C. Ct. App.) (holds relief pre-final-judgment is exclusive to § 15A-544.5 grounds)
In re Hall, 238 N.C. App. 322 (N.C. Ct. App.) (statutory interpretation reviewed de novo)
State v. Sanchez, 175 N.C. App. 214 (N.C. Ct. App.) (trial court lacks authority to grant set-aside on nonstatutory grounds)
State v. Rodrigo, 190 N.C. App. 661 (N.C. Ct. App.) (reiterates exclusivity of § 15A-544.5 grounds)
State v. Lazaro, 190 N.C. App. 670 (N.C. Ct. App.) (holds deportation is not among exclusive grounds for set-aside)