Upon declaration of forfeiture, the magistrate or clerk of the court adjudging forfeiture shall proceed as follows:
(A) As to each bail, the magistrate or clerk shall proceed forthwith to deal with the sum deposited as if the same were imposed as a fine for the offense charged and distribute and account for the same accordingly provided that prior to so doing, the magistrate or clerk may satisfy accrued costs in the case out of the fund.
(B) As to any securities deposited, the magistrate or clerk shall proceed to sell the same, either at public sale advertised in the same manner as sale on chattel execution, or through any state or national bank performing such service upon the over the counter securities market and shall apply proceeds of sale, less costs or brokerage thereof as in cases of forfeited cash bail. Prior to such sale, the clerk shall give notices by ordinary mail to the depositor, at the depositor's address listed of record, if any, of the intention so to do, and such sale shall not proceed if the depositor, within ten days of mailing of such notice appears, and redeems said securities by either producing the body of the defendant in open court or posting the amount set in the recognizance in cash, to be dealt with as forfeited cash bail.
(C) As to recognizances the magistrate or clerk shall notify the accused and each surety within fifteen days after the declaration of the forfeiture by ordinary mail at the address shown by them in their affidavits of qualification or on the record of the case, of the default of the accused and the adjudication of forfeiture and require each of them to show cause on or before a date certain to be stated in the notice, and which shall be not less than forty-five nor more than sixty days from the date of mailing notice, why judgment should not be entered against each of them for the penalty stated in the recognizance. If good cause by production of the body of the accused or otherwise is not shown, the court or magistrate shall thereupon enter judgment against the sureties or either of them, so notified, in such amount, not exceeding the penalty of the bond, as has been set in the adjudication of forfeiture, and shall award execution therefor as in civil cases. The proceeds of sale shall be received by the clerk or magistrate and distributed as on forfeiture of cash bail.
Notes of Decisions
Cited in 64
cases (19 in the last 5 years), 1963–2026 · leading case: State v. Dye, 2018-Ohio-4551, 122 N.E.3d 678.
State v. Dye, 2018-Ohio-4551, 122 N.E.3d 678. · cites it 40ד35 and a bond forfeiture show cause hearing under R.C. §2937.36. “Upon the failure of the accused or witness to appear in accordance with its terms the bail may in open court be adjudged forfeit, in whole or in part by the court or magistrate before whom he is to appear.”
Univ. Hts. v. Allen, 2019-Ohio-2908, 140 N.E.3d 740. · cites it 14דground that Specialty was not provided timely notification of the forfeiture pursuant to R.C. 2937.36. On May 30, 2018, this court granted Specialty’s request to remand the appeal to the trial court to allow the court to rule on the pending motion to vacate the judgment.”
Dep't of Liquor Control v. Calvert, 961 N.E.2d 247 (Ohio Ct. App. 6th Dist. 2011). · cites it 19ד{¶ 6} On October 5, 2010, the trial court issued a judgment entry in which it ordered that a bond-revocation hearing be held in 30 days, pursuant to R.C. 2937.36. The court also ordered Mayo to be notified per statute.”
State v. Lott, 2014-Ohio-3404, 17 N.E.3d 1167. · cites it 11דShe further argues that the trial court erred in failing to follow the statutory time frame set forth in R.C. 2937.36 before forfeiting the bonds.”
State v. Lee, 2012-Ohio-4329. · cites it 12דASSIGNMENT OF ERROR I THE TRIAL COURT ERRED IN ORDERING THE APPELLANT TO PAY THE $1,000 TO THE CLERK OF COURTS AS THE APPELLANT’S STATUTORY – R.C. 2937.36 – AND STATE AND FEDERAL CONSTITUTIONAL PROCEDURAL DUE PROCESS RIGHTS WERE VIOLATED WHEN THE LORAIN COUNTY COURT OF COMMON…”
State v. Holmes, 564 N.E.2d 1066 (Ohio 1991). · cites it 7ד) Forfeiture proceedings are governed by R.C. 2937.36, which provides, in pertinent part: “Upon declaration of forfeiture, the magistrate or clerk of the court adjudging forfeiture shall proceed as follows: ii* * fe “(C) As to recognizances he shall notify accused and each…”
U.S. Specialty Ins. Co. v. Hoffman, 2020-Ohio-4114. · cites it 6דSpecialty on July 29, 2014 despite that R.C. 2937.36 requires notice of a bail forfeiture be provided to the surety within 15 days and a forfeiture hearing to be conducted within 45 to 60 days after notice.”
State v. Patton, 573 N.E.2d 1201 (Ohio Ct. App. 6th Dist. 1989). · cites it 6ד) Forfeiture proceedings are set forth in R.C. 2937.36: “Upon declaration of forfeiture, the magistrate or clerk of the court adjudging forfeiture shall proceed as follows: “(A) As to each bail, he shall proceed forthwith to deal with the sum deposited as if the same were…”
State v. Guzman, 2020-Ohio-539, 152 N.E.3d 412. · cites it 6ד1-19-11 forfeiture show cause hearing under R.C. 2937.36.” Youngstown v. Edmonds, 7th Dist.”
State v. C.L., 2021-Ohio-3396. · cites it 18ד1 THE TRIAL COURT ERRED IN ENTERING JUDGMENT AGAINST THE SURETY IN VIOLATION OF R.C. 2937.36 AS NOTICE WAS NEVER GIVEN TO THE SURETY OF FORFEITURE.”
State v. T.G-B., 2020-Ohio-4343. · cites it 7דASSIGNMENT OF ERROR THE TRIAL COURT ABUSED ITS DISCRETION IN ITS JUDGMENT ENTRY DATED AUGUST 7, 2019 BECAUSE IT FAILED TO FOLLOW THE REQUIRED PROCEDURES FOR ENTERING JUDGMENT AGAINST A SURETY ON A FORFEITED BOND AS SET FORTH IN R.C. 2937.36(C). {¶6} The Surety argues in its sole…”
State v. Berry, 2014-Ohio-2715. · cites it 4דThe "Notice of Hearing to Show Cause Pursuant to O.R.C. 2937.36 Bond Forfeiture" indicated the hearing was scheduled for August 12, 2013, and was sent by certified mail to Berry and Stevenson in Ohio, and to appellant's home office in Orlando, Florida.”
State v. Patton, 573 N.E.2d 1201 (Ohio Ct. App. 6th Dist. 1989). “) Forfeiture proceedings are set forth in R.C. 2937.36: “Upon declaration of forfeiture, the magistrate or clerk of the court adjudging forfeiture shall proceed as follows: “(A) As to each bail, he shall proceed forthwith to deal with the sum deposited as if the same were…”
State v. Dye, 2018-Ohio-4551, 122 N.E.3d 678. “35 and a bond forfeiture show cause hearing under R.C. §2937.36. “Upon the failure of the accused or witness to appear in accordance with its terms the bail may in open court be adjudged forfeit, in whole or in part by the court or magistrate before whom he is to appear.”
Univ. Hts. v. Allen, 2019-Ohio-2908, 140 N.E.3d 740. “ground that Specialty was not provided timely notification of the forfeiture pursuant to R.C. 2937.36. On May 30, 2018, this court granted Specialty’s request to remand the appeal to the trial court to allow the court to rule on the pending motion to vacate the judgment.”
State v. Lee, 2012-Ohio-4329. “ASSIGNMENT OF ERROR I THE TRIAL COURT ERRED IN ORDERING THE APPELLANT TO PAY THE $1,000 TO THE CLERK OF COURTS AS THE APPELLANT’S STATUTORY – R.C. 2937.36 – AND STATE AND FEDERAL CONSTITUTIONAL PROCEDURAL DUE PROCESS RIGHTS WERE VIOLATED WHEN THE LORAIN COUNTY COURT OF COMMON…”
State v. Holmes, 564 N.E.2d 1066 (Ohio 1991). “) Forfeiture proceedings are governed by R.C. 2937.36, which provides, in pertinent part: “Upon declaration of forfeiture, the magistrate or clerk of the court adjudging forfeiture shall proceed as follows: ii* * fe “(C) As to recognizances he shall notify accused and each…”
State v. T.G-B., 2020-Ohio-4343. “ASSIGNMENT OF ERROR THE TRIAL COURT ABUSED ITS DISCRETION IN ITS JUDGMENT ENTRY DATED AUGUST 7, 2019 BECAUSE IT FAILED TO FOLLOW THE REQUIRED PROCEDURES FOR ENTERING JUDGMENT AGAINST A SURETY ON A FORFEITED BOND AS SET FORTH IN R.C. 2937.36(C). {¶6} The Surety argues in its sole…”
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