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Documentation and reports
http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=12268		 Page 1 of 2
Author:  shooter64738 [ Tue 16 Aug 2011 15:01 ]
Post subject:  Documentation and reports
I may be over killing this to some degree, but I'm curious how many agents (during a recovery or transport in particular) document everything that you do?

Just a few examples;
1. When we do any surveillance work we document where it was, how long we were there, why we were there, and what we found.
2. If we actually place anyone in handcuffs we document the circumstances for it.
3. Any injuries we document.
4. If there was a need for force we document why.
5. We do take video and still photos quite a bit.

Initially we did some pretty low end reporting, really just enough to give back to a bonds man so when he paid us, he could justify use of any collateral to pay the bill for our charges.

I think documentation is good, but I'm starting to wonder if I have gotten into the over kill area. Just looking for some opinions on what others do. And if maybe I should scale back to just the bare minimums again.
Author:  Ron [ Tue 16 Aug 2011 16:00 ]
Post subject:  Re: Documentation and reports
In Minnesota whenever some FTA's, the agent who wrote the bond has to do an affidavit for the judge to toss out the forfeiture and have the company attorney file a motion and argue before the judge.

If you win, you have to give a step by step report of what you did and what date.

Luckily you do not have to give private details such has pinging cell phones or who informed on the FTA. But basic stuff...

1-1-11 : Agent JJ called Cosinger and asked where Def was
1-1-11: Agent JJ referred filed BEA BB
1-1-11: BEA BB made contact with co signer inperson
1-2-11: BEA BB searched moms house, Def not there

so and and so forth.

If the judge feels you did your job, he will remove the forfeiture and refund the money back the bond company; so good notes help.
Author:  RCrew [ Tue 16 Aug 2011 17:12 ]
Post subject:  Re: Documentation and reports
In California,I document all work done in attempting to locate the subject. That is done in the event a capture is not made prior to the expiration of the forfeiture (some bail agents wait until the last possible moment to hire a recovery agent hoping they will be picked up by local law enforcement) . I can then submit the report in legal form and as a legal document to request an extension from the court.

I also videotape anytime we pick up a female skip.
Author:  shooter64738 [ Wed 17 Aug 2011 12:40 ]
Post subject:  Re: Documentation and reports
Good tips guys. I don't know that I could help a bondsman out of forfeiture with reporting here, since most of that is up to a judges discretion in my state and varies by county. But thats an aspect I hadn't even considered. I'll keep the reports as is!
Author:  Ron [ Thu 18 Aug 2011 15:35 ]
Post subject:  Re: Documentation and reports
In Minnesota you are fined when someone FTA's and the bond is forfeited. The court requires a step by step motion to prove you attempted to locate the skip. If you can prove to the courts satisfaction you are fine, if not. You are out the money plus the fine.
Author:  KARMA [ Thu 18 Aug 2011 17:00 ]
Post subject:  Re: Documentation and reports
Ron, Could you please provide the link for that Statute
Author:  Ron [ Fri 19 Aug 2011 14:35 ]
Post subject:  Re: Documentation and reports
https://www.revisor.mn.gov/court_rules/ ... ame=gp-702

(e)Forfeiture of Bonds.
Whenever a bail bond is forfeited by a judge, the surety and bondsman shall be notified by the court administrator in writing, and be directed to make payment in accordance with the terms of the bond within ninety (90) days from the date of the order of forfeiture. A copy of the order of forfeiture shall be forwarded with the notice.

(f)Reinstatement.
Any motion for reinstatement of a forfeited bond or cash bail shall be supported by a petition and affidavit and shall be filed with the court administrator. A copy of said petition and affidavit shall be served upon the prosecuting attorney and the principal of the bond in the manner required by Minn. R. Civ. P. 4.03(e)(1).

A petition for reinstatement filed within ninety (90) days of the date of the order of forfeiture shall be heard and determined by the judge who ordered the forfeiture, or the chief judge.

Reinstatement may be ordered on such terms and conditions as the court may require. A petition for reinstatement filed between ninety (90) days and one hundred eighty (180) days from date of forfeiture shall be heard and determined by the judge who ordered forfeiture or the judge's successor and reinstatement may be ordered on such terms and conditions as the court may require, but only with the concurrence of the chief judge and upon the condition that a minimum penalty of not less than ten percent (10%) of the forfeited bail be imposed.

No reinstatement of a forfeited bond or cash bail shall be allowed unless the petition and affidavit are filed within one hundred eighty (180) days from the date of the order of forfeiture.
Author:  Ron [ Fri 19 Aug 2011 14:48 ]
Post subject:  Re: Documentation and reports
Our lawyer has discovered that a step by step affidavit works the best.

Here is what has worked for us..


Pursuant to Rule 702 of the General Rules of Practice for the District Courts, ******* Agency (hereinafter referred to as “Agency”) respectfully petitions the court that Bal Bond Power No. 1111-111111, posted on behalf of the above named defendant in the amount of $****.00 be reinstated and discharged.

AFFIDAVIT

*******, employee of Agency, being duly sworn on oath, deposes and states:


1). Agency Bail Bond Power No. 1111-111111 in the amount of $***** for the above named defendant on or about **** **, 2011.

2). The defendant is charged with a ******************

3). The bail bonds for the above court file were ordered forfeited for failure of the Defendant to appear.

4). Agent **************** was notified on *********** by You *********** that they had received written notification of the forfeiture; Agent *********** immediately began investigating the defendant’s whereabouts.

5). *********** contacted Defendant via telephone whereupon he promised to turn himself in voluntarily.

6). From this point on is a basic step by step aff detailing the efforts of the agent and or the hired BEA in locating the Defendant. Listing phone calls, texts, emails, houses visited, houses searched and whatever the BEA or BBA did to locate the Def. Basics, not in depth, informants and trade secrets need not be divulged. Just enough info to demonstrate to the judge that you did what was necessary.


23.) On *********** Defendant turned himself in to the *********** Jail and Agent *********** called *********** County Warrants to advise them of same after verifying with ***********County via phone and web page.


Agency now asks the court, that upon reading this motion to discharge the bond in the amount of $********

-----------------------------------------------------------------

If anyone has a bond posted in Minnesota and you need someone to file the motions, I have a lawyer here who does a very good job and she does not charge an arm and a leg. Contact me and I will put you in contact with her.
Author:  Ron [ Fri 19 Aug 2011 14:50 ]
Post subject:  Re: Documentation and reports
Some times the defendant shows up at these hearings and sometimes they do not. Not all judges will require a hearing, some just review the motion and make sure the bond company made an effort to locate him/her.

There was a time that some bond companies would not try to locate smaller bonds - it was too expensive to send out BEA's; so the state initiated the fine system and now some companies will not post a bond for under certain dollar amounts.
Author:  KARMA [ Fri 19 Aug 2011 15:13 ]
Post subject:  Re: Documentation and reports
Quote:
There was a time that some bond companies would not try to locate smaller bonds - it was too expensive to send out BEA's; so the state initiated the fine system and now some companies will not post a bond for under certain dollar amounts.


Yeah, they enter Judgement on Forfeitures here as well
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