Legal Question in Criminal Law in North Carolina

Property Bond

If a party posts a property bond for thier son, and their son fails to appear in court, how long does the posting party have before having to surrender the property?


Asked on 6/02/02, 11:53 am

1 Answer from Attorneys

Paul Herzog Paul F. Herzog, Attorney-at-Law, P.A.

Re: Property Bond

The Court will serve you with notice of a hearing before it concerning your son's bond and the property you put up as security or collateral for it. At that hearing you will have an opportunity to be heard before a judge on issues relating to that property.

This hearing usually doesn't happen any sooner than 60 days after a defendant fails to appear.

A lien for the amount of the bond can and usually will be placed against your property, and the property can be sold out from under you at a Sheriff's Sale. This usually will be some time down the road. It all depends on the local practice in your county of residence.

I recommend you seek the help of an experienced criminal or real estate attorney in the county in which you live.

If your son is recaptured and jailed during this period time, the attorney may be able to obtain relief from this process for you.

Good luck.

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Answered on 6/02/02, 3:21 pm


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