Can a surety or bail agent request an extension of time to respond to a clerk's notice of forfeiture that must be mailed to the surety?

California, United States of America


The following excerpt is from People v. Souza, 156 Cal.App.3d 834, 203 Cal.Rptr. 80 (Cal. App. 1984):

In People v. National Auto. & Cas. Ins. Co. (1979) 92 Cal.App.3d 907, 155 Cal.Rptr. 602, the court held that the provisions of Code of Civil Procedure section 1013, subdivision (a), giving an extension of time to respond to documents received by mail, were applicable to proceedings involving bail forfeitures including that portion of the statute requiring a clerk's notice of forfeiture to be mailed to the surety. The bail agent, surety or other interested party is allowed a five-day extension beyond the 180-day time period specified in the statute to move the court to set aside the forfeiture and exonerate bail. (Id., at p. 912, 155 Cal.Rptr. 602.)

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