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CALIFORNIA:
It has become necessary in moving papers to include the fact that moving party is not an officer of the surety and is not acting on behalf of a corporation and is therefore not engaging in the unlicensed practice of law; moreover, it is also a precursory step, towards heading off opposition that may argue improper party, to include language in support of 1305(i).
A sort of pitfall is now occuring with respect to motions filed on behalf of an incorporated bail bond corporation to the extent that more and more counties are requiring that motions be handled by persons licensed to practice law.
Where the benefits of incorporating a bail bond company may at first seem worthwhile, perhaps it would be prudent to weigh foreseeable problems regarding forfeiture management, as such troubleshooting may require the entity to retain counsel versus conventional self-help remedies?
To make this point moot, a suitable solution for incorporated bail bond corporations is to surrender the defendant within the proper time lines following initial due diligence with underwriting and expeditious post-forfeiture action.
Rex
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