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Exam (elaborations)

Bondsman/Runner's Test|100% PASS|ALREADY GRADED A+

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Accommodation Bondsman A person set aside from love and affection, is at least 18 years old, resident of this state, reveives no consideration for action as surety Bail Bond An undertaking by the defendant to appear in court as required upon penalty of forfeiting bail to the state in a stated amount and may include an unsecured appearance bond, cash deposit. 00:29 01:11 Bail Bondsman means a surety bondsman, professional bondsman, or an accommodation bondsman. Clerk Of Court means the clerk of the circuit court of the county in the state where the bondsman is currently writing or obligated on the majority of those bail bonds which he has written or on which he is obligated. (unless otherwise specified) Court Means circuit, magistrate's, or municipal Court (unless otherwise specified) Insurer means any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this state. Obligor Means a principle or a surety on a bail bond. Principal This is the party responsible for fulfilling an obligation; Means a Defendant or witness obligated to appear in court as required upon penalty of forfeiting bail under a bail bond. Professional Bondsman means any person who is approved and licensed under the provisions of this chapter and who pledges cash or approved securities with the clerk of court as security for bail bonds written in connection with a judicial proceeding and receives or is promised money or other things of value for the pledge. Runner A person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, executing bonds on behalf of the licensed bondsman when the power of attorney has been recorded. Surety Means one who, with the defendant, is liable for the amount of the bail bond upon forfeiture of bail. Surety Bondsman Any Person who is approved by and licensed by the director or his designee as an insurance agent, appointed by an insurer by POA to execute or countersign bail bonds for the insurer in connection with judicial proceedings, and receives or is promised money or other things of value for the execution or countersignature. Appropriate Judge Means magistrate, municipal, or circuit court judge who has jurisdiction over the defendant. Good Cause Means the violation of a specific term of the bail bond not to include the non-payment of fees. The Director or Designee, Clerks of Court, and SLED may hire employees, examiners, investigators, and other assistants as he considers necessary and shall prescribe their duties. An Insurer and represented by a surety bondsman, A Professional Bondsman, or An Accommodation bondsman Each surety for the release of a person on bail must be qualified as: How much must be paid to the Clerk of Court to retained by the clerk for use in the operation of the clerk's office. $20.00 True A surety desiring to be relieved on a bond for a good cause shall file with the clerk of court a motion to be relieved on the bond. The Defendant, His Attorney, and the Solicitor's Office A Copy of the motion must be served upon... If the circumstances warrant immediate incarceration of the defendant to prevent imminent violation of one of the specific terms of the bail bond, or if the defendant has violated one of the specific terms of the bond... The Surety may take the defendant to the appropriate detention facility for holding until the court orders that the surety be relieved. If the Defendant is incarcerated by the surety or a law enforcement agency as a result of a bench warrant... The Surety shall file an affidavit with the court stating that the defendant is incarcerated in the appropriate detention facility as a result of the bench warrant as well as the violation of the specific term or terms of the bail bond stated in the bench warrant. After the Surety has been relieved by order of the court what happens next? A new undertaking must be filed with the appropriate court in order to secure the subsequent release of the defendant. What must the new undertaking contain? The same conditions included in the original bond unless the conditions have been changed by the court. No person may act in the capacity of a professional bondsman, surety bondsman, or runner unless that person is qualified except for... An Accommodation Bondsman. Express Authority Given to the agent by explicit agreement, either orally or in writing. Implied Authority given to the agent as a result of the principal's(defendant's) conduct. Apparent Authority that a third party reasonably believes an agent has, based on the third party's dealings with the principal. Offer and Acceptance One party must make an offer and the other party must accept. Consideration The legal value bargained for and given in exchange for an act or promise. Legal Purpose Strict adherence to law, prescription, or doctrine; the quality or being legal. Fraud A Knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his detriment. Arraignment The initial step in a criminal prosecution; whereby the defendant is brought before the court to hear the charges and to enter a plea. Trail A formal Judicial examination of evidence and determination of legal claims in an adversary proceeding. Appeal To seek review by a higher court. Any disputes with a bail bondsman in South Carolina should be directed to... the South Carolina Department of Insurance, which licenses and regulates bondsman.

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