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Order on Motion to Set Aside Forfeiture and Discharge of Bond, page 1
Basic · 38/100Form Complexity Index

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What this form asks for

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The Order on Motion to Set Aside Forfeiture and Discharge of Bond, Form MC 399a, is a legal document issued by a Michigan court following a hearing. It formalizes the judge's decision on whether to cancel a previously ordered bail bond forfeiture and release the associated bond. This order is crucial for defendants and sureties seeking to recover forfeited funds after resolving the circumstances that led to the forfeiture. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields43
Pages1
Form Complexity IndexBasic, 38/100

The AI checks your answers before you download

12 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Exclusive Bond Type Selection

This validation ensures that only one 'TYPE OF BOND' is selected from the available options (Personal recognizance, 10% bond, Cash, Surety, Real property). These options are mutually exclusive, and selecting more than one would create ambiguity in the legal record of the bond. If this check fails, the user should be prompted to select only a single bond type before submission.

Mutually Exclusive Order Selection

Validates that either item '4. The motion is denied' or '5. The bond forfeiture is set aside' is selected, but not both. These two outcomes are mutually exclusive and represent the core decision of the order. Failure to select exactly one option would make the order legally nonsensical and unenforceable.

Financial Calculation Consistency

This check verifies the mathematical accuracy of the financial amounts when a bond forfeiture is set aside. It ensures that the 'Amount of bail bond forfeited' minus the 'Fines, costs, restitution...' amount equals the 'Judgment in the amount of $' to be returned. This is critical for financial accountability and ensures the correct amount is returned to the surety or depositor.

Logical Date Sequence

This validation confirms that the 'Date of hearing' is on or after the 'Date of forfeiture judgment'. A hearing to set aside a forfeiture cannot logically occur before the forfeiture itself has been judged. This check prevents data entry errors that would create a chronologically impossible legal record.

Mutually Exclusive Apprehension Cost Status

Ensures that the form does not simultaneously state that there are costs of apprehension (section 3a) and that there are no costs of apprehension (section 3b). These two sections are mutually exclusive and describe opposite scenarios. If this validation fails, the form is contradictory and cannot be processed correctly.

Conditional Requirement for Financial Fields

If '5. The bond forfeiture is set aside' is selected, this validation ensures that the financial fields ('Fines, costs, restitution...' and 'Judgment amount') are filled, even if with a zero. This is important to explicitly state the full financial disposition of the original bond amount. An empty field would create ambiguity about whether funds were deducted or if the information was simply omitted.

And 6 more checks
  • Case Number Presence and Format
  • Valid Currency Format
  • Exclusive Finding on MCL Requirements
  • Conditional 'Other' Field Completion
  • Exclusive Service Method Selection
  • Defendant Information Completeness

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How to Fill Out MC 399a Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload your MC 399a form or select it from their template library.
  2. Provide the essential case information, including the judicial district/circuit, case number, judge, and court address.
  3. Enter the details of the defendant, the surety or depositor, and the specific offenses related to the case.
  4. Input the financial details, such as the amount of the bail bond forfeited and the date of the forfeiture judgment.
  5. Indicate the court's findings from the hearing, specifying whether legal requirements were met and noting any costs of apprehension.
  6. Clearly state the court's final order: whether the motion is denied, the forfeiture is set aside, and any amounts to be deducted or returned.
  7. Review the AI-populated document for accuracy, make any final adjustments, and then download the completed form for the judge's signature and official filing.

Common Mistakes in Completing MC 399a

The ones the AI is built to catch.

Incorrect or Incomplete Case Identifiers
People often misenter the 'Case No.', 'Judge', or criminal justice identifiers like 'CTN/TCN/SID'. This happens due to typographical errors when copying from other documents or not knowing where to find the information. An incorrect case number can cause the order to be rejected or filed in the wrong case, leading to significant delays in processing the bond discharge and refund.
Using Defendant's Name Instead of Surety/Depositor
The form asks for the 'surety or other depositor posting bond,' but filers often list the defendant's name, even if a family member or bail bond company paid. This mistake can cause the refund to be delayed or sent to the wrong person entirely. It is critical to list the legal name and current address of the exact person or entity that posted the money to ensure they receive the refund.
Miscalculating the Final Refund Amount
The form requires calculating the final judgment to be returned by subtracting fines, costs, and other payments from the original forfeited amount. People often make simple arithmetic errors or forget to include all deductions specified by the court. This leads to the form being rejected for correction, delaying the refund process and requiring a new proposed order to be submitted.
Incomplete or Missing Certificate of Service
The Certificate of Service at the bottom is a legal declaration that a copy of the order was sent to the prosecutor, but it is frequently overlooked. Filers, especially those representing themselves, often forget to date, sign, or check the method of service. An incomplete certificate can invalidate the order because proper notice is a legal requirement, forcing the filer to resubmit the form and re-serve the other party.
Making Contradictory Selections in the Order Section
When preparing a proposed order for the judge, a filer might mistakenly check both box 4 ('The motion is denied') and box 5 ('The bond forfeiture is set aside'). These are mutually exclusive outcomes that create a legally nonsensical document that the judge cannot sign. This error leads to immediate rejection and requires the filer to correct and resubmit the form.
Leaving Critical Financial Fields Blank
Fields like 'Amount of bail bond forfeited,' 'county’s costs of apprehension,' and the amounts for deductions are frequently left blank. This often happens when the filer doesn't have the exact figures readily available and submits the form anyway. Submitting the form with blank financial fields makes it impossible for the judge to sign, as these are the core details of the order, resulting in an automatic rejection.
Omitting the Type of Bond
The form provides checkboxes for the type of bond posted (e.g., '10% bond,' 'Cash,' 'Surety'). Filers sometimes forget to mark the appropriate box, leaving the court with incomplete information. This ambiguity can cause the clerk to reject the form or delay processing while they manually verify the bond type from the case file, slowing down the entire process.
Illegible Handwriting on a Printed Form
This form is often available as a non-fillable PDF, forcing users to print and fill it out by hand. Poor or illegible handwriting, especially for critical numbers and names, can lead to data entry errors by the court clerk or cause the form to be rejected. To avoid this, it's best to type the information; AI-powered tools like Instafill.ai can convert non-fillable PDFs into fillable versions, ensuring all entries are clear and legible.
Incorrect Date of Forfeiture Judgment
The 'Date of forfeiture judgment' must be the exact date from the official court record, but filers may guess or use the date of the offense or arrest instead. An incorrect date can cause confusion and lead to rejection, as it is a key piece of information for identifying the specific judgment being set aside. Always refer to the original forfeiture judgment document to get the correct date.
Failure to Check a 'have/have not' Box
The form contains several 'have/have not' checkboxes, such as in section 2 regarding legal requirements and section 3 regarding apprehension costs. Filers sometimes leave both options unchecked, creating ambiguity in the proposed findings for the judge. This forces the court to return the document for clarification, delaying the ruling on the motion.

Frequently Asked Questions About MC 399a

 

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How does the AI fill out MC 399a?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of MC 399a, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is MC 399a to fill out?
MC 399a has a Form Complexity Index of 38 out of 100, in the basic tier: 43 fillable fields across 1 page. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of the 'Order on Motion to Set Aside Forfeiture and Discharge of Bond' form?
This form, MC 399a, is a court order signed by a judge. It documents the court's final decision on a request to cancel a bail bond forfeiture and return the bond money.
Who fills out this form?
A judge or authorized court personnel completes and signs this form. It is not filled out by the defendant or the person who posted the bond; it is the official record of the judge's ruling.
What does it mean to 'set aside a forfeiture'?
This is a legal term for when a judge cancels the court's claim on bail money that was lost (forfeited) because a defendant missed a court date. Setting aside the forfeiture is the first step to getting the bond money returned.
I posted the bond. How do I start the process to get this order?
You must first file a 'Motion to Set Aside Forfeiture' with the court that handled the case. This MC 399a form is the order the judge will issue after a hearing is held on your motion.
If the judge sets aside the forfeiture, will I get all my bond money back?
Not necessarily. The order allows the judge to deduct any outstanding fines, court costs, restitution, or the county's costs for apprehending the defendant before the remaining amount is returned to you.
What are 'costs of apprehension' mentioned on the form?
These are the expenses the county incurred to find and arrest the defendant after they failed to appear in court. The judge can order these costs to be paid from the forfeited bond money.
What happens if the judge checks box 4, 'The motion is denied'?
If the motion is denied, the bond forfeiture stands. This means the court will keep the money that was posted for the bail bond.
Who gets a copy of this signed order?
According to the form, copies are distributed to the court, the prosecutor, the defendant, and the surety or other depositor who posted the bond.
How long will it take to receive my refund after the judge signs this order?
Processing times for refunds vary by court. Once the order is signed, you should contact the court clerk's office to inquire about their specific procedure and timeline for issuing the payment.
What is the difference between a 'surety' and a 'depositor'?
A surety is typically a professional bail bond company that guarantees the defendant's appearance. A depositor is any other individual, such as a friend or family member, who posted cash or property for the bond.
Can AI tools help me with this form?
While this specific form is a court order, AI services like Instafill.ai can be very helpful for filling out the 'Motion to Set Aside Forfeiture' form that you must file to initiate this process, saving you time and ensuring accuracy.
How can I use Instafill.ai to fill out the motion form online?
Simply upload the motion form to the Instafill.ai platform. The AI will automatically detect the form fields, allowing you to type your information directly into them, then download the completed document.
The motion form I found is a non-fillable PDF. What can I do?
Services like Instafill.ai can solve this problem. Upload your flat, non-fillable PDF, and the tool will convert it into an interactive, fillable form that you can complete easily on your computer.
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Michigan court forms: Form MC 03, Answer, Civil, Form MC 02, Appearance, Form MC 6, Notice to Appear, Form MC 01, Summons, State of Michigan, Form MC 01a, Complaint, Form MC 01b, Motion for Second Summons and Order, State of Michigan Blank Court Form, Form MC 07, Default Request and Entry, Form MC 07a, Default Request, Entry, and Judgment (Sum Certain), Form MC 09, Dismissal, Form MC 09a, Dismissal, Nonservice/No Progress, Form MC 10, Judgment, Civil, Form MC 11, Subpoena, Order to Appear and/or Produce, Request and Writ for Garnishment (Periodic), Form MC 13, Request and Writ for Garnishment (Nonperiodic), Form MC 14, Garnishee Disclosure, Form MC 15, Motion and Affidavit for Installment Payments/To Amend Order for Installment Payments, Form MC 15a, Order Regarding Installment Payments, Form MC 16, Motion to Set Aside Order for Installment Payments, State of Michigan, Form MC 16a, Order on Motion to Set Aside Order for Installment Payments

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