North Carolina Bail Bonds Practice Exam

Which of the following is a valid reason for a motion to set aside forfeiture?

1. The defendant was in another country during the court date

2. The defendant has been served with an OFA

3. The defendant changed their attorney

4. The court is closed at the time of the hearing

The correct answer is: The defendant has been served with an OFA

A valid reason for a motion to set aside forfeiture is often related to the circumstances that prevent the defendant from complying with their obligations or appearing in court as required. In this case, being served with an Order for Appearance (OFA) indicates that the defendant has not only been notified of the need to appear but may also be impacted by procedural issues tied to that Notification. When a defendant receives an OFA, they may have valid grounds to contest a forfeiture if they can demonstrate that they did not willfully fail to appear, especially if the OFA was not delivered appropriately or was issued under questionable circumstances. This places the defendant in a position where they can argue that the forfeiture should be set aside due to procedural irregularities linked to their notice and appearance responsibilities. Other reasons listed do not present as strong grounds for setting aside forfeiture. For instance, being in another country might not absolve a defendant from liability if proper notification was given. Changing attorneys or having a court closed may also not provide sufficient legal justification for failing to appear or handle obligations under the bond as these factors do not affect the fundamental requirements of the bond agreement.