§ 2.20.040. Scire facias to issue—Appropriating cash obligations.

The court clerk shall issue or cause to be issued scire facias on all forfeited bonds, recognizances or other obligations, returnable to the next term of such court at the usual place of holding said court, against the principal and his sureties, which shall be served by the police at least five (5) days before the return thereof; or, if the party resides out of the state or county, scire facias may be served by publication, as in cases of scire facias to revive judgments, and if said party resides in said county, outside of the corporate limits of the city, the same shall be served by the sheriff or his deputy. If, at such return term, no sufficient cause is shown to the contrary, judgment shall be entered up against such principal and sureties or such of them as have been served. Provided however, if such bond or recognizance given is cash or its equivalent, upon failure of the defendant to appear at the court at the appointed time, judgment shall be entered up against such defendant, and the bond so given shall be forfeited.

(Amended during 1991 codification; Code 1971, Sec. 13-42)