The State of Georgia brings this appeal from a trial court’s order setting aside the forfeiture of a bond posted by the surety Anytime Bail Bonding, Inc. The State argues that the trial court abused its discretion when it found that the surety acted with due diligence in its investigation of the principal’s identity. We disagree and therefore affirm. OCGA § 17-6-31 d 2 provides that a surety “may be released from liability at the discretion of the court” if: A The principal used a false name when he or she was bound over and committed to jail or a correctional institution and was subsequently released from such facility unless the surety knew or should have known that the principal used a false name ; and B The surety shows to the satisfaction of the court that he or she acted with due diligence and used all practical means to secure the attendance of the principal before the court. “Subsections d 2 A and B are written in the conjunctive and both A and B therefore must be true for subsection d 2 to apply: The principal must have given a false name when bound over and then released, and the surety must show due diligence.” Raburn Bonding Co. v. State of Ga. , 244 Ga. App. 386, 387 1 535 SE2d 763 2000. We review a trial court’s findings as to a surety’s due diligence for an abuse of discretion, and will affirm unless those findings are clearly erroneous i.e., not supported by any evidence. State of Ga. v. A 24 Hour Bail Bonding , 280 Ga. App. 463, 466 634 SE2d 99 2006; Delta Bail Bonds v. State of Ga. , 245 Ga. App. 491, 492 538 SE2d 146 2000.
So viewed, the record shows that the City of Forest Park Police Department arrested Eriberto Magana on June 9, 2007. Magana was charged with three counts of aggravated assault and other crimes in connection with a burglary. In January 2008, Jose Escalera tried to obtain a bond for Magana from A & B Bonding Co. A & B contacted Anytime concerning the matter because A & B could not write bonds in Clayton County. Escalera provided Anytime with a current Georgia driver’s license, a social security number, a current and previous residential address, and bank and employment information. After A & B verified this information and Escalera paid $66,640.50, Anytime posted bond in that amount for Magana.
