§49-7-14. Same -- Recovery on forfeited bond.
The penalty of a bond given upon suspension of sentence which
becomes forfeited shall be recoverable without separate suit. The
court or judge may cause citation or summons to issue to the
principal and surety, requiring that they appear at a time named by
the court or judge, not less than ten nor more than twenty days
from the issuance of the summons, and show cause why judgment
should not be entered for the penalty of such bond and execution
issued against the property of the principal and of the surety.
Upon failure to appear, or failure to show sufficient cause, the
court shall enter judgment in behalf of the state of West Virginia
against the principal and surety in an amount not to exceed the
penalty of the bond plus costs.
Any money collected or paid upon an execution, or upon the
bond, shall be deposited with the clerk of the court in which the
bond was given. The money shall be applied first to the payment of
all court costs and then to the treatment, care, or maintenance of
the child for whose delinquency conviction was had. If any money
so collected is not required for these purposes, it shall be paid
within one year into the state treasury.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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