Bonds may be posted with the court for bail, appeal, TRO and other matters as ordered by a judge. Bonds may be ordered to be posted in the form of cash, secured bond through a surety, property, or a combination of these forms. All bonds must be ORDERED by the court before being accepted by the clerk's office. All criminal bonds must be posted in the form of cash or cashier's check.
Cash bonds should be tendered to the cashier located in the district court clerk's office. Cash may be either cash or cashier's check, payable to the Clerk, U.S. District Court. Effective February 1, 2002, all bail bonds will be receipted by the cashier in the name of the person identified as the owner of the cash at the time bond is posted, as specified by local rules. Subsequent assignment of cash bond will not be accepted by the court.
Sureties used on federal bonds must comply with the following guidelines as stated below:
A property bond may be approved by the judge as collateral to secure a bond. Posting of a property bond is handled directly by the judge's Judicial Assistant in chambers. Typically, the property owner posting the bond must provide the following items to the court: 1) Copy of the deed to the property, 2) The most recent paid real estate tax receipt, 3) Copy of the property insurance policy, and 4) A statement of the balance due on the mortgage (shown on a payment book, monthly statement or letter from the mortgage company). The property bond MUST be signed by all parties named on the deed. Anyone posting a property bond with the court should be sure to check with the individual judge for any additional requirements which may vary on an individual case basis.
The release of a surety or property bond will only be granted in response to a motion or filing with the court. A bond refund or release is not performed as a standard procedure upon conclusion of a case. Specific action must be requested by the interested party.
All cash bonds, other than bail bonds, are only released upon order of the court. The interested party should motion the court appropriately.
The procedures for the release of bail bonds depends on the date the bond was posted. For bail bonds posted prior to February 1, 2002, a motion to the court is required as the release of a bond is not performed as a standard procedure upon conclusion of a case (see detailed instructions below). Bail bonds posted on or after February 1, 2002 will be released as a standard procedure upon conclusion of a case (see detailed information below).
All cash placed as bail in this court is considered to be the property of the defendant. At the conclusion of a criminal case, an ORDER requesting the refund of cash bail must be prepared for the signature of the Judge who presided over the matter. It is NOT refunded as a matter of course without a request. If your attorney does not prepare this ORDER for the Judge's signature, you may wish to use the appropriate sample form, ORDER.
If a refund of cash bail is to be made payable to someone other than the defendant, the defendant must complete an ASSIGNMENT OF CASH BAIL form stating to whom the money should be paid, including mailing address and have the defendant's signature notarized. An ORDER PER ASSIGNMENT OF CASH BAIL and the Assignment of Cash Bail should be filed with the court to begin the bond refund process.
Before presentation to the Judge for signature, the ORDER or ORDER PER ASSIGNMENT must be presented to the Court's Financial Administrator for certification. The certification process verifies that the funds are on deposit, the defendant is in custody and an assignment is on file, (if the ORDER is to someone other than the defendant). The ORDER will then be forwarded to the Judge for his/her signature.
Upon receipt of a signed ORDER from the Judge, the Financial Administrator, as soon as the business of the office allows, will draw a registry check for the refund of cash bail. The check will be mailed only to the payee of the check unless otherwise stated in the ORDER.
The refund of cash bail procedures may be completed by mail by sending the appropriate forms to the Clerk's office at the following address:
United States District Court
Clerk's Office
111 South Tenth Street, Suite 3.300
St. Louis, MO 63102
In some instances the cash bail deposit may be transferred to the Treasury of the United States upon court order as a payment of an imposed fine. If you have any questions on the procedure, please contact the Financial Administrator, at (314)244-7871 or the Cashier, at (314)244-7860.
All cash placed as bail in a criminal matter in this court is considered to be the property of the designated "owner" on the Affidavit of Ownership completed at the time the bond was posted. You will note that the receipt for the cash bail payment indicates that the funds are "Received From" the owner and "Paid for" the defendant. The completion and filing of the Affidavit of Ownership is the only step necessary by the owner of the funds. All other steps and procedures are handled by U.S. District Court personnel.
U.S. District Court personnel will monitor all active criminal matters and at the conclusion of the case, will prepare an ORDER requesting the refund of cash bail to the "owner" of the funds. The Court considers a case to be concluded when one of these four conditions are met:
What do I have to do to get my money back?
If the bond was accepted by the Court on or after February 1, 2002 - Nothing. The Court has set up procedures to automatically reimburse the owner of the funds once one of the four conditions above is met. If the bond was accepted by the Court before February 1, 2002, you will need to follow the directions noted above.
Who do I call to check the status of my bond reimbursement?
You may call either Linda Zanders, Financial Administrator, at (314)244-7871 or Cynthia Smith, Cashier, at (314)244-7861 to check the status of your reimbursement.
How long will it take to get my money back?
This varies depending on the type of conclusion to the case. If, for example, the case was dismissed, the defendant placed on probation, or if he/she was remanded to the custody of the U.S. Marshal, you should see a check within two weeks from the date the case ended. If the defendant was allowed to voluntarily surrender, this will take much longer. The Court must wait until we receive confirmation from the U.S. Marshals Service that the defendant reported as directed and is in custody. This could take any where from two to four weeks.
Who do I contact if I move, so that my check will find me?
You must submit a written notice to the court and send it to the attention of Linda Zanders, Financial Administrator at the address listed above.
What happens if I am paying in this Court for a case in another Federal District?
As a courtesy, the Eastern District of Missouri will accept cash a bond on behalf of a defendant from another district. The jurisdictional district will be notified of the payment and the defendant should be released. Within a few days, all funds and paperwork will be forwarded to the Court where the defendant is being held. The refund of the cash bond will then be handled by the district where the defendant is charged. If you need contact numbers for the other district, please feel free to call our offices for that information.
Surety bonds normally expire automatically upon satisfaction or completion of the terms set forth in the bond (ie. the defendant surrendering into custody.) If specific action is necessary to terminate the surety bond, the defendant should motion the court directing the action required to terminate the bond. Upon ORDER from the court, the appropriate action will be taken.
Property bonds are handled directly by the judge's chambers. The chambers should be contacted by the property owner to release the bond.