Notice Requirements to Corporate Surety Companies, Licensed Insurance Producers and Limited Insurance Representatives Regarding Bail Forfeitures and Judgments

SUPREME COURT OF NEW JERSEY Re: Notice Requirements to Corporate Surety Companies, Licensed Insurance
Producers and Limited Insurance Representatives Regarding Bail Forfeitures and Judgments
It is ORDERED that effective January 2, 2001, Rules 1:13-3(e), 3:26-6(a) and 7:4-5 are relaxed and supplemented to set
forth requirements for notice to corporate surety companies, licensed insurance producers, and limited insurance
representatives when a court orders bail forfeited or enters a judgment of default that could preclude a corporate surety
company’s licensed insurance producers and limited insurance representatives from writing bail in the Superior and
Municipal Courts; and it is further
ORDERED that notice of forfeiture under Rule 3:26-6(a) shall include notice that failure to satisfy a judgment entered
under Rule 3:26-6(c) will result in the removal of the names of all of the corporate surety company’s licensed insurance
producers and limited insurance representatives from the Bail Registry maintained by the Clerk of the Superior Court
pursuant to Rule 1:13-3(e); and it is further
ORDERED that the notice of forfeiture under Rule 3:26-6(a) shall be served by ordinary mail on the corporate surety
company, the licensed insurance producer, and the limited insurance representative(s) named on the Bail Recognizance
at the address recorded in the Bail Registry; and it is further
ORDERED that judgments entered pursuant to Rule 3:26-6(c) will include notice that failure to satisfy the judgment
will result in removal of the names of all of the corporate surety company’s licensed insurance producers and limited
insurance representatives from the Bail Registry; and it is further
ORDERED that a copy of a judgment entered pursuant to Rule 3:26-6(c) will be served by ordinary mail on the
corporate surety company, the licensed insurance producer, and the limited insurance representative(s) named in the
judgment at the address recorded in the Bail Registry; and it is further
ORDERED that when bail is ordered forfeited pursuant to Rule 7:4-5(a), the municipal court administrator or deputy
court administrator shall serve notice by ordinary mail on the defendant and the surety, including any corporate surety
company, licensed insurance producer, and limited insurance representative(s) whose names appear on the Bail
Recognizance, that judgment will be entered as to any outstanding bail, absent a written objection, seeking to set aside
the forfeiture, within 45 days of the notice; and it is further
ORDERED that whenever notice of forfeiture is issued pursuant to Rule 7:4-5(a) to a corporate surety company,
licensed insurance producer, and limited insurance representative(s) named on the Bail Recognizance, the notice shall
be sent to the address of the corporate surety company, licensed insurance producer, and limited insurance
representative(s) recorded in the Bail Registry; and it is further
ORDERED that whenever notice of forfeiture is issued pursuant to Rule 7:4-5(a) to a corporate surety company,
licensed insurance producer, or limited insurance representative(s), the notice of forfeiture shall provide that failure to
pay the bail or file a timely written objection seeking to set aside the forfeiture will result in the entry of a judgment and
removal from the Bail Registry of the names of all of the corporate surety company’s licensed insurance producers and
limited insurance representatives in accordance with Rule 1:13-3(e); and it is further
ORDERED that a copy of a judgment entered pursuant to Rule 7:4-5(c) against a corporate surety company will be
served by ordinary mail on the corporate surety company, the licensed insurance producer, and the limited insurance
representative(s) named in the judgment at the address recorded in the Bail Registry; and it is further

ORDERED that judgments entered pursuant to Rule 7:4-5(c) will include notice that failure to satisfy the judgment will
result in removal of the names of all of the corporate surety company’s licensed insurance producers and limited
insurance representatives from the Bail Registry; and it is further ORDERED that on receipt of a judgment entered
pursuant to Rule 3:26-6(c) or 7:4-5(c), the Clerk of the Superior Court will serve notice, by certified mail, return receipt
requested, on the corporate surety company, whose name appears on the judgment, at the address of the corporate
surety company recorded in the Bail Registry that failure to satisfy the judgment within 15 days of the date of the notice
will result in the removal of the names of all of the corporate surety company’s licensed insurance producers and
limited insurance representatives from the Bail Registry until such time as the judgment has been satisfied; and it is
further
ORDERED that Rules 3:26-6 and 7:4-5 shall be interpreted to require the court to review a timely filed objection on its
merits and, in the discretion of the court, for good cause shown, to order a prejudgment hearing thereon; and it is further
ORDERED that Directive #5-00 be revised and reissued to comply with the provisions of this Order.
For the Court
/s/ Deborah T. Poritz
C.J.
Dated: November 1, 2000.