MN Bondsman Entitled To Funds That Were Improperly Paid Out

Minnesota case law summary by Attorney Richard Clem: criminal law, bonds.

State v. Askland. MN criminal law, bond.

Timothy Clyde Askland was the defendant in the underlying criminal action for failure to pay child support. He was free on $10,000 bond, but failed to appear when required. Bondsman located defendant and returned him to court. But the bond had already been forfeited, and the funds had been improperly paid to mother of defendant's child.

The Supreme Court, in an opinion by Justice Gildea, held that bondsman was entitled to reinstatement of bond and refund, less 10% penalty. This was true even though there was prejudice to the state arising out of improper payment of funds to child's mother, rather than to the state treasury.

No. A08-1630, 784 N.W.2d 60 (Minn. June 24, 2010).

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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