DON JOHNSON BONDING CO., INC. v. State

Phipps, Presiding Judge.

Don Johnson Bonding Company, Inc. appeals from an order forfeiting its appearance bond. Specifically, Don Johnson Bonding contends that the trial court was required by OCGA § 17-6-71 (a) to serve notice of an execution hearing within ten days of the principal’s initial failure to appear in court, and that the court’s failure to strictly adhere to the ten-day notice requirement relieved Don Johnson Bonding of liability on the appearance bond. We agree and reverse.

OCGA § 17-6-71 (a) provides, in relevant part:

The judge shall, at the end of the court day, upon the failure…