Background
All In 1 Bonding posted a $20,000 bail bond for Christopher Adams on January 15, 2025. After Adams failed to appear for a hearing, the Circuit Court of the First Circuit entered a judgment and order forfeiting the bond on March 20, 2025.
The State served All In 1 Bonding with notice of the forfeiture judgment by certified mail on March 26. The bonding company moved to set aside the forfeiture on May 6—41 days after service. The circuit court denied the motion as untimely, concluding that it lacked jurisdiction to consider a filing outside the 30-day period in Hawaii Revised Statutes § 804-51.
The Court’s Holding
The Intermediate Court of Appeals affirmed. HRS § 804-51 requires a surety seeking to prevent execution on a forfeiture judgment to file a motion showing good cause within 30 days after receiving notice of the judgment by personal service or certified mail.
Because All In 1 Bonding filed its motion 41 days after certified-mail service, its motion was untimely. The 30-day deadline is jurisdictional and cannot be waived by the circuit court; thus, the circuit court correctly concluded it had no power to consider the merits of the motion.
Key Takeaways
- A bail-bond surety has 30 days after notice of a forfeiture judgment to seek relief under HRS § 804-51.
- The statutory deadline is jurisdictional, not a discretionary filing deadline.
- A circuit court cannot consider an untimely motion to set aside a bail forfeiture.
Why It Matters
The decision underscores that Hawaii bail sureties must act promptly after receiving notice of a forfeiture judgment. A motion filed after the statutory 30-day window cannot be saved by a showing of good cause because the trial court lacks authority to reach that question.