2010 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
TITLE 11 - JUDGMENTS
Subtitle 5 - Execution
Section 11-513 - Forfeiture of recognizance to appear or testify.
§ 11-513. Forfeiture of recognizance to appear or testify.
(a) In general.- If a recognizance taken for the appearance of a person to answer or testify is forfeited, the State's Attorney may order a writ of execution to be issued for the sum due on the recognizance.
(b) Pleas to execution.- If a writ of execution is issued against a person who failed to answer or testify, on the return of the execution he may file any plea to the execution which would be good and sufficient to a scire facias if a scire facias had issued on the recognizance.
(c) Discharge from forfeiture and execution.- If the plea is determined in favor of the person who filed the plea, he shall be discharged from the forfeiture. However, he may not be discharged from the execution before a hearing on the plea unless he:
(1) Pays or satisfies the execution;
(2) Gives a bond payable to the State; or
(3) Enters into a recognizance in court with security in double amount of the forfeiture and costs due on the execution with condition to appear and plead in discharge of the execution, and abide by and fulfill the judgment on the recognizance.
[An. Code 1957, art. 75, §§ 9, 10; 1973, 1st Sp. Sess., ch. 2, § 1.]
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