ORDER NO. 28577 COUNTY ATTORNEY TO REQUEST ATTORNEY GENERAL OPINION Came to be heard this the 22"a day of March 2004 with a motion made by Commissioner Baldwin, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 3-0-0 for the County Attorney to request an Attorney General Opinion within 10 days indicating what elected official (or body) has authority to approve settlements of final judgments in bail bond forfeitures cases. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. ~~. MADE BY: Pat Tinley OFFICE: County Judge MEETING DATE: March 22, 2004 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss requesting County Attorney to provide written opinion indicating what elected official (or body) has authority to approve settlements of final judgments in bail bond forfeitures cases. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. March 12, 2004 Judge Pat Tinley Kerr County Judge 700 Main Street Kerrville, Texas 78028 Re: Role of bond forfeitures Dear Judge Tinley, As well as being county court at law judge, I'm also on the Bail Bond Board for Kerr County. David Motley, our county attorney, has prepared two agreements between the bail bond companies and himself, and it appears that he wants Judge Ables, Judge Prohl, and myself to approve the same. The agreement is an installment contract for the payment of over $100,000 in final judgments owed Kerr County for bond forfeitures. This contract is in lieu of having the county attorney execute on the judgments against the collateral the bond companies put up to secure the county for bail bond forfeitures. A copy of the agreements are attached. I wrote a letter to the Attorney General's office requesting an Attorney General's opinion on whether or not the county attorney has the authority to settle final judgments on judgment nisi's without commissioner's court approval. A copy of the letter to the Attorney General is attached. The response to my letter indicates the request for opinion that must come from the county attorney, district attorney, or legislature chair or state representative. I would like for you to put this issue on the agenda in the near future, and I am writing this letter to ask to request that the commissioner's court request our county attorney to obtain an Attorney General's opinion on this issue. Yours truly, ~ Spencer W. Brown COUNTY COURT AT LAW OF KERR CO~N'PY, TEX~[S Kerr Cousaty Couathouse ?00 Malec-Room 123 Kerevine,'lSc ?8028 Spencer W. Brown Judge Tel 830-T92-2207 Fax 830-25T-5895 March 10, 2004 Barbara Holmes Court Coordinator Attorney General's Office Re: Collection of bail bond forfeitures To Whom It May Concern: My name is Judge Spencer W. Brown. I am the County Court at Law judge for Kerr County, Texas. A controversy has come up concerning the collection of bail bond forfeitures in Kerr County. I know that the county attorney has the duty of collecting bail bond forfeitures. It is t11e county attorney's job to file judgment nisi's and my job to sign the show cause orders contained in the judgment nisi. Once a final judgment has been entered by the Court on a judgment nisi, it is my position that the county attorney has the duty to collect on the final judgment by execution as in civil cases pursuant to Article 22.14 of the Code of Criminal Procedure. The county attorney in Kerr County has entered into some kind of agreement with the bail bond companies to allow them to pay offthe outstanding judgment balances on an installment plan without commissioner's court approval. These agreements are in Lieu of issuing execution on the collateral the bail bond companies have deposited in CDs to guarantee the payment of the bail bond forfeitures to the county. It is my opinion that once a judgment becomes final, it is a debt to either Kerr County or the State of Texas. (I would like it clarified as to which entity the debt is owed.) In either event, my opinion is that only the commissioner's court can approve of the settlement of a debt owed the county or the state. In other words, I do not believe that the county attorney has the authority to enter into an installment agreement with the bail bond companies in lieu of executing on the bail bond company's collateral. I would appreciate an attorney general's opinion as to which entity the debt is owed, and whether or not the county attorney has authority to settle the final judgment debt without commissioner's court approval. I know the county attorney has the right and exclusive duty to settle judgment nisi issues, and enter into an agreed final judgment with the bail bond companies. My problem is once the judgment becomes final, it is my opinion it is just a debt like any other debt owed the county, and should be dealt with by the commissioner's court. I will be happy to come over to Austin and sit down with someone that understands this situation, or a written opinion would be appreciated. I'm not asking this just for my sake, but so that the county attorney and the commissioner's court will be able to make an informed decision concerning this predicament. We're talking about well over a hundred thousand dollars involved here. Yours truly, G~/ Spencer W. Brown ~: .. ,~ . ,~. 7; `' 1 .~y ~, •1 4- ~ t ` {if., ':.l': ~': f ~',~ COMPROMISE SETTLEMENT AGREEMENT THIS AGREEMENT IS BETWEEN: The STATE OF TEXAS, by and through its Kerr County Attorney, David M. Motley, hereinafter "the STATE", and Jackie Davis, d/b/a Davis Bonding Company, hereinafter "DAMS". The STATE and DAMS also may be referred to herein as "the parties". RECITALS I. There is a dispute between the parties to this agreement arising out of certain bail bond forfeiture cases, set out below, filed after January 1, 1998, through January 8, 2004, wherein the STATE is plaintiff and DAMS is a defendant surety. This settlement covers only the cases set out in "Exhibit A", attached hereto for all purposes. II. The STATE instituted litigation in all listed cases which are now pending in the County Court at Law of Kerr County, Texas. III. All parties to this agreement concede that bona fide disputes and controversies exist between them as to liability and the amount of damages, if any, that are due because of the disputes among them in the bond forfeiture matters, set out below. IV. All parties desire to dispose of the entire controversy in the listed cases. The parties recognize that there may be claims arising out of these transactions or occurrences which aze unknown to the parties at the time of the execution of this agreement, or that may arise in the future. However, the pazties have negotiated this agreement with full knowledge of the possibility of additional claims or relief and intend this agreement to settle and finally dispose of all such claims azising out of the matters listed below, whether known or unknown. DAMS waives its rights of appeal and remittitur. TERMS OF THE AGREEMENT IN CONSIDERATION OF the mutual promises and agreements contained in this agreement, including the recitals set out above, the parties agree as follows: V. DAMS agrees to pay Kerr County the sum of SEVENTY-SEVEN THOUSAND SEVEN HUNDRED THREE AND 85/100 DOLLARS ($77,703.85) for: a. The sum of FORTY-FIVE THOUSAND FOUR HUNDRED FORTY-SEVEN AND NO/100 DOLLARS ($45,447.00), which sum is ninety per cent of the final judgments balance of FIFTY THOUSAND FOUR HUNDRED NINETY-SIX AND 67/100 DOLLARS ($50,496.67); b. The sum of ONE THOUSAND EIGHT HUNDRED SEVENTEEN AND 88/100 DOLLARS ($1,817.88), which sum is four per cent (4%) interest on $45,447.00; c. The sum of THIRTY THOUSAND FOUR HUNDRED THIRTY-EIGHT AND 97/100 DOLLARS ($30,438.97), which sum is the court costs balance and which sum shall bear no interest. •.. ~,~. 1 o~.~ ~e ~~ p ~~- ` ~'i~l o~F l ~d ~ ~~~ The payments to Kerr County shall be made as follows: i. An initial payment of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) on the date of closing, to be applied to the final judgments balance only; ii. Monthly installments of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) each, beginning on the 11th day of April, 2004, and a like amount each 11th day of the month thereafter, with payment in full to be made on or before February 11, 2017. Payments not received by the STATE by the twentieth day of the month shall be deemed to be late and shall be assessed a late fee of $20.00, payable in addition to, and along with, the next month's payment. The STATE may consider more than two late payments over the whole course of the payment plan to be a default on the part of DAMS. Failure to make any monthly payment will be considered a default under the payment plan. Upon a default, the STATE will notify DAMS of the default pursuant to the service rules of Texas Rule of Civil Procedure 21a. If DAMS fails to connect the default within five days of the service of the notice, the STATE may, without further notice, accelerate the debt for bail bond forfeiture cases, making it a final judgment for purposes of Tex. Occ. Code Ann. §§ 1704.001 and 1704.204 (Vernon 2003). The STATE may then submit the final judgment to the Kerr County Bail Bond Boazd for collection through DAMS collateral held by the Boazd or by the Kerr County Sheriff and any other enforcement available to the STATE under the bail bond statutes. This note is collateralized by property held by Kerr County as security for general bond making privileges in this County. The amount of collateral pledged from amounts also pledged as security for general bonding privileges shall be excluded from consideration on DAVIS'S general bonding capacity with Kerr County. DAMS may make early payments and receive early releases of its judgments. VI. This agreement is a compromise of doubtful and disputed claims. Nothing in this agreement is an admission of liability by any parry and nothing in this agreement may be interpreted as an admission of liability. Each party to this agreement expressly denies liability to every other party to this agreement. VII. This agreement is made according to the laws of the State of Texas. The parties expressly agree that this agreement is governed by and will be construed and enforced in accordance with Texas law. VIII. This agreement is binding on and inures to the benefit of the parties and their respective heirs, representatives, successors, and assigns. Each party represents that he or she has the authority to enter into this agreement. IX. This agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the matters in this agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this agreement exist. This agreement is not subject to any modification, waiver, or addition that is made orally. This agreement is subject to modification, waiver, or addition by means of a writing signed by all parties. 2 X. Any notices required in this agreement shall be delivered to: The State of Texas: c/o Kerr County Attorney, David M. Motley Ken County Courthouse, Suite BA103 700 Main Street Kerrville, Texas 78028 Davis Bonding Company: c/o Jackie Davis 817 Water Street, Suite 121 Kerrville, Texas 78028 XI. This agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. The parties have executed this agreement on the day of March, 2004. DAVID M. MOTLEY, Kerr County Attorney, for the State of Texas JACKIE DAVIS, d/b/a Davis Bonding Company W. R. "RUSTY" Hierholzer, Kerr County Sheriff CABBIE WHITT, Chairman of Kerr County Bail Bond Board AGREED TO ON BEHALF OF THE FOLLOWING COURTS: E. KARL PROHL, Judge of the 198 Judicial District Court STEPHEN B. ABLES, Judge of the 216th Judicial District Court SPENCER W. BROWN, Judge of the County Court at Law of Kerr County certified copy: Kerr County Treasurer Ken County Clerk Ken County Auditor 4 ~,~,b ~,SN ~" 0~ C/~' EXHIBIT A Davis Bonding Company Ian 1 1 Q9R fn .Ian R ~nOd 5 '~ ~~~R. 1U' ~ CASE # STATUS TOTAL OWED Ct Cost Fin Jdgmt AMT PAID CC Bal FJ Bal BALANCE ~ CV980086 Disposed 1,329.28 165.90 1,163.38 293.15 0.00 1,036.13 1,036.13 CV980087 Disposed 2,103.52 165.90 1,937.62 0.00 165.90 1,937.62 2,103.52 CV980090 Disposed 2,103.52 165.90 1,937.62 0.00 165.90 1,937.62 2,103.52 CV980092 Disposed 812.50 165.90 646.60 0.00 165.90 646.60 812.50 ./C 33 o e 39. 1 5 775.61 0.00 163.75 775.61 6 _ CV980134 Isp a 1. 1 1,166.04 0.00 165.90 1,166.04 1,331.94 D!~,~ ~ Disposed 4,029.04 163.75 3,865.29 0.00 163.75 3,865.29 . 4 CV980144 Disposed 549.75 163.77 385.98 0.00 163.77 385.98 549.75 ~~, . ~~ CV980146 Disposed 1,450.50 163.75 1,286.75 0.00 163.75 1,286.75 1,450.5 3<~L ~a~ la+ CV990004 Disposed 797.10 161.00 636.10 0.00 161.00 636.10 797.10 ~7 ~~ CV990005 Disposed 795.20 161.00 634.20 0.00 161.00 634.20 795.20 ~ V990052 Disposed 794.50 161.00 633.50 0.00 161.00 633.50 794.50 ~R~~ ~.~ CV990060 Disposed 544.76 161.00 383.76 0.00 161.00 383.76 544.76 ~~ ? CV990066 Disposed 800.60 161.00 639.60 0.00 161.00 639.60 800.60 Qp .(~~ CV990067 Disposed 800.60 161.00 639.60 0.00 161.00 639.60 800.60 p,p,(~ CV990068 Disposed 540.32 161.00 379.32 0.00 161.00 379.32 540.32 ~, CV990080 Disposed 540.56 161.00 379.56 0.00 161.00 379.56 540.56 l~,~ CV990106 Disposed 540.56 161.00 379.56 0.00 161.00 379.56 540.56 ~,7(e CV990120 Disposed 1,430.53 161.00 1,269.53 0.00 161.00 1,269.53 1,430.53 CV990137 Disposed 541.58 161.00 380.58 0.00 161.00 380.58 541.58 ~. CV990138 Dis osed 921.40 161.00 760.40 0.00 161.00 760.40 921.40 r r Page 1 of 4 EXHIBIT A Davis Bonding Company Jan 1.1998 to Jan 8.2004 dw~~ ~~ ~~' ` "" ~~~ ~~ ~~~,~ CASE # STATUS TOTAL OWED Ct Cost Fin Jdgmt AMT PAID CC Bal FJ Bal BALANCE CV990143 Disposed 794.00 161.00 633.00 0.00 161.00 633.00 794.00 CV990144 Disposed 540.80 161.00 379.80 0.00 161.00 379.80 540.80 CV990146 Disposed 413.92 161.00 252.92 0.00 161.00 252.92 413.92 CV990149 Disposed 791.10 161.00 630.10 0.00 161.00 630.10 791.10 CV990155. Disposed 539.06 161.00 378.06 0.00 161.00 378.06 539.06 CV990156 Disposed 413.04 161.00 252.04 0.00 161.00 252.04 413.04 CV990163 Disposed 160.00 160.00 0.00 0.00 160.00 0.00 160.00 CV990187 Disposed 160.00 160.00 0.00 0.00 160.00 0.00 160.001 CV990209 Disposed 2,676.00 160.00 2,516.00 0.00 160.00 2,516.00 2,676.00 CV990234 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 ~ CV990239 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV990242 Dis osed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV990249 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV990251 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV990252 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV990254 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000017 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000021 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000030 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000029 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000040 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000041 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000042 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000059 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000061 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000062 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000064 Dis osed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000082 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000100 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000107 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000117 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000119 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000120 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000132 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000140 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000141 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000142 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000209 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV000265 Disposed 205.58 205.58 0.00 0.00 205.58 0.00 205.58 CV010003 Disposed 206.83 206.83 0.00 0.00 206.83 206.83 CV010007 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010034 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010036 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010043 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010044 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010050 Dis osed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 ~1uSS( ~S~k~I,SS N~/ll.l<< Page 2 of 4 EXHIBIT A Davis Bonding Company Jan 1.1998 to Jan 8 204 CASE # STATUS TOTAL OWED Ct Cost Fin Jdgmt AMT PAID CC Bal FJ Bal BALANCE CV010051 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010058 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010066 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010086 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010092 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010109 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010113 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010114 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010153 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010154 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010155 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010163 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010164 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010168 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010169 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010170 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010172 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010174 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010175 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010187 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010202 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010204 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010209 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010211 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010212 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010213 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010214 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010239 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010240 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010246 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010257 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010264 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010267 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010268 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010277 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010278 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV010296 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020009 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020013 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020030 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020059 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020061 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020089 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020090 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020093 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020094 Dis osed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 Page 3 of 4 EXHIBIT A Davis Bonding Company lan 1. 1998 to Jan 8. 2004 CASE # STATUS TOTAL OWED Ct Cost Fin Jdgmt AMT PAID CC Bal FJ Bal BALANCE CV020097 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020098 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020117 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020133 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020134 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020135 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020136 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020137 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020142 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020144 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020146 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020163 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020167 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020168 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020193 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020195 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020198 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020205 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020206 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020209 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020218 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020221 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020234 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020232 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020236 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020238 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020261 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020263 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV020266 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 17fi.00 CV030123 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV030133 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV030142 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV030149 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV030158 Disposed 176.00 176.00 0.00 0.00 176.00 0.00 176.00 CV030160 Disposed 180.42 180.42 0.00 0.00 180.42 0.00 180.42 CV030161 Disposed 180.42 180.42 0.00 0.00 180.42 0.00 180.42 CV030168 Disposed 180.42 180.42 0.00 0.00 180.42 0.00 180.42 CV030169 Disposed 180.42 180.42 0.00 0.00 180.42 0.00 180.42 CV030170 Disposed 180.42 180.42 0.00 0.00 180.42 0.00 180.42 CV030244 Disposed 181.00 181.00 0.00 0.00 181.00 0.00 181.00 CV030246 Disposed 181.00 181.00 0.00 0.00 181.00 0.00 181.00 89,306.19 30,765.87 58,540.32 8,370.55 30,438.97 50,496.67 80,935.64 Total Owed Ct Cost Fin Jd mt Amt Paid CC Bal FJ Bal Balance Page 4 of 4 Forfeiture Cause No. CV98-0172 Criainal Cause lto. CR98-0523 T8E STAT$ OF TEXAS )( y~ ~( v. ~ ( 1t )( JACRI$ DAVIB, d/b/a DAMS BONDING COItPAtiY, ) D~teiWatit-Surety, and ) ~ MILLIAN DBNNIS I.~AB, ) ( Defendant-Principal IN TSE QOIIl~1TY CODRT AT L~ OODN'1`Y, TEX~iS This _~~ da ~ , case on f the above en tied ar the State is Plaintiff and fiILLIAN BlINIS l~illtB, Defendant-Princi JACICIE DAMS, d/b/a DAVIB 80ND2lN3 COPtPANY, Defendant-Bt: the Defendants. 1lhereupvn case the State of Texas, by any its aissfstant county Attorney, Ilse n. sails?, and Defendant-Surety JACICIE DAMS, d/b/a DAVIB BOPDING COl+g acknowledging its indebtedness to the State of texas on Bond of said OQfeadant Principal, and stator that it caz Plaintiff's cause of action. Defendant-Principal, i~TILLII I.ANS, although duly served, has failed entirely to appearance heroin. It appearing to the Court after consideration pleadings and evidence herein that no sufficient cause ~rhy Defendant--Principal did not appear in this vourt on day of October, 1998, to ans~rer the State o! Texas on tl by inforsation herein filed aaad at the tise pending, acc~ Defendant o! a iisdaseanor crise, and why ~'udgsent Nisi h~ rendered for $2,000.00 should not be lade final. Hove Court finds that certain equitable grounds exist for ras: .,part of the principal suet; IT IS THEREFORE ORDBRBD that Plaintiff shall Law an of and against said Defendants, jolntiy and severally, t; fS00.00, pins oonrt costs o! ~1i3.77, ritti iaterert ac{ the rate o! s per~m-t per aasus Eros the Bats of the fill Bond Forfeiture judgetent, to-wit: Noveabar 6, 1998, fa which, let eYacution issue. C~Si~ and SNTSRBD this dap o ~ ?!!k9t ~D,~ q g PRES DING ~MN~tr~~o-ouwc ~,lz..~a~r,.,._ Approved as to ~orzs: s C y Attorney E:~{l60CtNdOFOE f1f IIML~C1LAIti.JIT ~t 0017n a -Surety COMPROMISE SETTLEMENT AGREEMENT THIS AGREEMENT IS BETWEEN: The STATE OF TE Coun A avid M. Motley, hereinafter "the STATE", an mily S. Behrens, d/b/a Associated Bondin CompanyZ h inafter "ASSOCIATED". The STATE and A AT D also may be referred to herein as "the parties". RECITALS I. There is a dispute between the parties to this agreement arising out of certain bail bond forfeiture cases, set out below, filed after January 1, 1998, through January 8, 2004, wherein the STATE is plaintiff and ASSOCIATED is a defendant surety. This settlement covers only the cases set out in "Exhibit A", attached hereto for all purposes. II. The STATE instituted litigation in all listed cases which are now pending in the County Court at Law of Ken County, Texas. III. All parties to this agreement concede that bona fide disputes and controversies exist between them as to liability and the amount of damages, if any, that are due because of the disputes among them in the bond forfeiture matters, set out below. IV. All parties desire to dispose of the entire controversy in the listed cases. The parties recognize that there may be claims arising out of these transactions or occurrences which are unknown to the parties at the time of the execution of this agreement, or that may arise in the future. However, the parties have negotiated this agreement with full knowledge of the possibility of additional claims or relief and intend this agreement to settle and finally dispose of all such claims arising out of the matters listed below, whether known or unknown. ASSOCIATED waives its rights of appeal and remittitur. TERMS OF THE AGREEMENT IN CONSIDERATION OF the mutual promises and agreements contained in this agreement, including the recitals set out above, the parties agree as follows: V. ASSOCIATED agrees to pay Kerr County the sum of FORTY-TWO THOUSAND FOUR HUNDRED TEN AND 46/100 DOLLARS ($42,410.46) for: a. The sum ofTWENTY-THREE THOUSAND THREE HUNDRED SEVENTY-ONE AND 05/100 DOLLARS ($23,371.05), which sum is ninety per cent of the final judgments balance of TWENTY-FIVE THOUSAND NINE HUNDRED SIXTY-SEVEN AND 83/100 DOLLARS ($25,967.83); b. The sum of NINE HUNDRED THIRTY-FOUR AND 84/100 DOLLARS ($934.84), which sum is four per cent (4%) interest on $23,371.05; c. The sum of EIGHTEEN THOUSAND ONE HUNDRED FOUR AND 57/100 DOLLARS ($18,104.57), which sum is the court costs balance and which sum shall bear no interest. ~ n -M ~ The payments to Kerr County shall be made as follows: An initial payment of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) on the date of closing, to be applied to the final judgments balance only; ii. Monthly installments of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) each, beginning on the 11th day of April, 2004, and a like amount each 11th day of the month thereafter, with payment in full to be made on or before March 11, 2011. Payments not received by the STATE by the twentieth day of the month shall be deemed to be late and shall be assessed a late fee of $20.00, payable in addition to, and along with, the next month's payment. The STATE may consider more than two late payments over the whole course of the payment plan to be a default on the part of ASSOCIATED. Failure to make any monthly payment will be considered a default under the payment plan. Upon a default, the STATE will notify ASSOCIATED of the default pursuant to the service rules of Texas Rule of Civil Procedure 21a. If ASSOCIATED fails to correct the default within five days of the service of the notice, the STATE may, without further notice, accelerate the debt for bail bond forfeiture cases, making it a final judgment for purposes of Tex. Occ. Code Ann. §§ 1704.001 and 1704.204 (Vernon 2003). The STATE may then submit the final judgment to the Kerr County Bail Bond Board for collection through ASSOCIATED collateral held by the Board or by the Ken County Sheriff and any other enforcement available to the STATE under the bail bond statutes. This note is collateralized by property held by Kerr County as security for general bond making privileges in this County. The amount of collateral pledged from amounts also pledged as security for general bonding privileges shall be excluded from consideration on ASSOCIATED'S general bonding capacity with Kerr County. ASSOCIATED may make early payments and receive early releases of its judgments. VI. This agreement is a compromise of doubtful and disputed claims. Nothing in this agreement is an admission of liability by any party and nothing in this agreement may be interpreted as an admission of liability. Each party to this agreement expressly denies liability to every other party to this agreement. VII. This agreement is made according to the laws of the State of Texas. The parties expressly agree that this agreement is governed by and will be construed and enforced in accordance with Texas law. VIII. This agreement is binding on and inures to the benefit of the parties and their respective heirs, representatives, successors, and assigns. Each party represents that he or she has the authority to enter into this agreement. IX. This agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the matters in this agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this agreement exist. This agreement is not subject to any modification, waiver, or addition that is made orally. This agreement is subject to modification, waiver, or addition by means of a writing signed by all parties. 2 X. Any notices required in this agreement shall be delivered to: The State of Texas: c/o Kerr County Attorney, David M. Motley Kerr County Courthouse, Suite BA103 700 Main Street Kerrville, Texas 78028 Associated Bonding Company: c/o Emily S. Behrens 1424-B Broadway Kerrville, Texas 78028 XI. This agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. The parties have executed this agreement on the day of March, 2004. DAVID M. MOTLEY, Kerr County Attorney, for the State of Texas EMILY S. BEHRENS, d/b/a Associated Bonding Company W. R. "RUSTY" Hierholzer, Kerr County Sheriff CABBIE WHITT, Chairman of Kerr County Bail Bond Boazd 3 AGREED TO ON BEHALF OF THE FOLLOWING COURTS: E. KARL PROHL, Judge of the 198~h Judicial District Court STEPHEN B. ABLES, Judge of the 216th Judicial District Court SPENCER W. BROWN, Judge of the County Court at Law of Kerr County certified copy: Kerr County Treasurer Kerr County Clerk Kerr County Auditor 4 ~,u ~ • b ~ ~o _ ~, ~ ~ EXHIBIT A Associated Bonding Company .Ian 1 1 QQR fn .Ian R 7Md CASE # STATUS Total owed Ct Cost Fin Jdgmt AMT PAID CC Bal FJ Bal BALANCE CV980074 Disposed $1,763.77 $263.77 $1,500.00 $35.43 $228.34 $1,500.00 $1,728.34 CV980091 Disposed $428.62 $165.98 $262.64 $0.00 $165.98 $262.64 $428.62 CV980093 Disposed $1,482.26 $165.90 $1,316.36 $0.00 $165.90 $1,316.36 $1,482.26 CV980136 Disposed $163.77 $163.77 $0.00 $0.00 $163.77 $0.00 $163.77 CV980138 Disposed $1,462.91 $212.91 $1,250.00 $300.00 $0.00 $1,162.91 $1,162.91 CV980143 Disposed $556.59 $163.77 $392.82 $0.00 $163.77 $392.82 $556.59 CV980150 Disposed $818.47 $163.77 $654.70 $0.00 $163.77 $654.70 $818.47 V980162 Disposed $936.38 $147.77 $788.61 $0.00 $147.77 $788.61 $936.38 CV980180 Disposed $560.61 $163.77 $396.84 $0.00 $163.77 $396.84 $560.61 CV980181 Disposed $816.07 $163.77 $652.30 $0.00 $163.77 $652.30 $816.07 CV980182 Disposed $555.15 $163.77 $391.38 $0.00 $163.77 $391.38 $555.15 CV990009 Disposed $1,453.84 $161.00 $1,292.84 $0.00 $161.00 $1,292.84 $1,453.84 CV990031 Disposed $549.00 $163.98 $385.02 $0.00 $163.98 $385.02 $549.00 CV990040 Disposed $417.28 $161.00 $256.28 $0.00 $161.00 $256.28 $417.28 CV990041 Disposed $801.70 $161.00 $640.70 $0.00 $161.00 $640.70 $801.70 CV990043 Disposed $417.28 $161.00 $256.28 $0.00 $161.00 $256.28 $417.28 CV990044 Disposed $545.42 $161.00 $384.42 $0.00 $161.00 $384.42 $545.42 CV990055 Disposed $543.98 $161.00 $382.98 $0.00 $161.00 $382.98 $543.98 V990059 Disposed $546.60 $163.98 $382.62 $0.00 $163.98 $382.62 $546.60 CV990070 Disposed $772.40 $161.00 $611.40 $0.00 $161.00 $611.40 $772.40 CV990074 Disposed $2,198.62 $161.00 $2,037.62 $0.00 $161.00 $2,037.62 $2,198.62 CV990075 Disposed $1,434.94 $161.00 $1,273.94 $0.00 $161.00 $1,273.94 $1,434.94 V990076 Disposed $1,434.94 $161.00 $1,273.94 $0.00 $161.00 $1,273.94 $1,434.94 CV990078 Disposed $721.26 $161.00 $560.26 $0.00 $161.00 $560.26 $721.26 V990082 Disposed $924.91 $161.00 $763.91 $0.00 $161.00 $763.91 $924.91 CV990125 Disposed $794.70 $161.00 $633.70 $0.00 $161.00 $633.70 $794.70 CV990147 Disposed $792.60 $161.00 $631.60 $0.00 $161.00 $631.60 $792.60 CV990150 Disposed $1,423.39 $161.00 $1,262.39 $0.00 $161.00 $1,262.39 $1,423.39 V990159 Disposed $1,421.71 $161.00 $1,260.71 $0.00 $161.00 $1,260.71 $1,421.71 CV990173 Disposed $1,675.60 $161.00 $1,514.60 $0.00 $161.00 $1,514.60 $1,675.60 CV990199 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV990236 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV990238 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000012 Disposed $2,820.06 $176.00 $2,644.06 $0.00 $176.00 $2,644.06 $2,820.06 CV000022 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000048 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000049 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000050 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000051 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000063 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000066 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000079 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000088 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000089 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000110 Disposed $160.00 $160.00 $0.00 $0.00 $160.00 $0.00 $160.00 CV000114 Dis osed $160.00 $160.00 $0.00 $0.00 $160.00 $0.00 $160.00 r J J J J J J J ... J J t v d r+~t ~5~~~ Page 1 of 3 EXHIBIT A Associated Bonding Company Jan 1.1998 to Jan 8. 2004 CASE # STATUS Total Owed Ct Cost Fin Jdgmt AMT PAID CC Bat FJ Bal BALANCE CV000135 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000158 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000174 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000181 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000186 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000188 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000193 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000195 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000205 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000221 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000230 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000262 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000279 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV000280 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010019 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010020 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010021 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010032 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010033 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010062 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010067 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010089 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010100 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010101 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010102 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010143 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010165 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010166 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010167 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010184 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010227 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010242 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010243 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010249 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010258 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010262 Disposed $176.00 $176.00 $0.00 $0.00 . $176.00 $0.00 $176.00 CV010265 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010270 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010271 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020012 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020014 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020019 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020031 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020034 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020060 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV010118 Dis osed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 Page 2 of 3 EXHIBIT A Associated Bonding Company Jan 1.1998 to Jan 8. 2004 CASE # STATUS Total Owed Ct Cost Fin Jdgmt AMT PAID CC Bal FJ Bal BALANCE CV020157 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020158 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020164 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020165 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020169 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020191 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020199 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020215 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020216 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020217 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV020235 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV030118 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV030119 Disposed $176.00 $176.00 $0.00 $0.00 $176.00 $0.00 $176.00 CV030201 Disposed $181.00 $181.00 $0.00 $0.00 $181.00 $0.00 $181.00 644,407.83 $18,352.91 526,054.92 $335.43 $18,104.57 625,967.83 $44,072.40 Total Owed Ct Cost Fin Jd mt AMT PAID CC Bal FJ Bal BALANCE Page 3 of 3 cour~ cov~c~ Az ~w OF SERR COON?Y, ?EX~[S Kerr Conatty Coairthouse ?00 Main-Room !29 Sesrvlne, Tx T8028 Spencer W. Brown Judge Tel 830.792-2107 Fax 83a2S7--5895 March 10, 2004 BarLara Holmes Coart Coordinator Attorney General's Office Re: Collection of bail bond forfeitures To Whom It May Concern: My name is Judge Spencer W. Brown. I am the County Court at Law judge for Kerr County, Texas. A controversy has come up concerning the collection of bail bond forfeitures in Kerr County. I know that the county attorney has the duty of collecting bail bond forfeitures. It is the county attorney's job to file judgment nisi's and my job to sign the show cause orders contained in the judgment nisi. Once a final judgment has been entered by the Court on a judgment nisi, it is my position that the county attorney has the duty to collect on the final judgment by execution as in civil cases pursuant to Article 22.14 of the Code of Criminal Procedure. The county attorney in Ken: County has entered into some kind of agreement with the bail bond companies to allow them to pay off the outstanding judgment balances on an installment plan without commissioner's court approval. These agreements are in lieu of issuing execution on the collateaal the bail bond companies have deposited in CDs to guarantee the payment of the bail bond forfeitures to the county. It is my opinion that once a judgment becomes final, it is a debt to either Kerr County or the State of Texas. (I would like it clarified as to which entity the debt is owed.) In either event, my opinion is that only the commissioner's court can approve of the settlement of a debt owed the county or the state. In other words, I do not believe that the county attorney has the authority to enter into an installment agreement with the bail bond companies in lieu of executing on the bail bond company's collateral. I would appreciate an attorney general's opinion as to which entity the debt is owed, and whether or not the county attorney has authority to settle the final judgment debt without commissioner's court approval. I know the county attorney has the right and exclusive duty to settle judgment nisi issues, and enter into an agreed final judgment with the bail bond companies. My problem is once the judgment becomes final, it is my opinion it is just a debt like any other debt owed the county, and should be dealt with by the commissioner's court. I will be happy to come over to Austin and sit down with someone that understands this situation, or a written opinion would be appreciated. I'm not asking this just for my sake, but so that the county attorney and the commissioner's court will be able to make an informed decision concerning this predicament. We're talking about well over a hundred thousand dollars involved here. Yours truly, Spencer W_ Brown Date , ,:~ ~" ~~-~ l~ _ Hour To :; W~ ~~ ~ ~E~ ~~~1 VISE ~ ~` ~ ~ .. M , . ,.. Of ~, ,;Phone ~'- - p, tined ,. ~ieturr;~ec~=~it~ Ld`~"k?aeka ~~ Please Cal~,~ 4., , Was,ln w ' P ' ase See Me