BARNES, J.
Bruce T. Harris and Allegheny Casualty Company (collectively “Harris and Allegheny”) appeal the trial court’s denial of their motion for relief from judgment, which sought to set aside a bond forfeiture judgment. We remand.
The dispositive issue is whether the trial court provided adequate notice to Harris and Allegheny of orders to produce a criminal defendant.
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We conclude that at a minimum there should be compliance with Indiana Trial Rule 5(B), which governs service of papers in civil actions, in order to constitute sufficient proof of notice under the bond forfeiture statute. . . .
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In the present case, we conclude that there is insufficient evidence in the record that the statutorily-required notices were mailed to both the bail agent and surety. In Imperial Insurance, we noted our supreme court’s definition of “service of notice,” which it stated “‘means personal service of the individual in such way that the party who makes the service may be in a position to make due proof thereof to the court . . . .'” Imperial Ins., 169 Ind. App. at 167, 346 N.E.2d at 614 (quoting Lock Joint Tube Co. v. Citizens Trust and Savings, 218 Ind. 162, 170, 31 N.E.2d 989, 993 (1941)) (emphasis added). Here, the returned envelope of the notice sent to Allegheny at its listed Newark address arguably might be sufficient proof of mailing as to it, but there is no comparable evidence of mailing to Harris. Under the present statute, mailing to both the surety and the bail agent is required. See Frontier Ins. Co. v. State, 769 N.E.2d 654, 657 (Ind. Ct. App. 2002). Instead, as to Harris there are only handwritten notations on the bottom of two court orders, which the trial court interpreted as sufficient proof that a court staff member mailed the required notices.
We cannot agree with the trial court that this was sufficient proof, even though the trial court is presumed to know its own records. See Starkie, 113 Ind. App. at 595, 49 N.E.2d at 970. These notations do not meet the affidavit requirement found in Trial Rule 5(B)(2) for establishing proof of service by mail. Moreover, there are no return receipts signed by Harris in the record, which would have provided written acknowledgement of having received the notices. There are no certified mail receipts proving that the notices were mailed to Harris at the appropriate address.
We emphasize that a defendant’s failure to appear is what triggers the bail agent’s and surety’s obligations under the bond, and the bail agent’s inability to timely find the defendant after a failure to appear can have draconian consequences. As such, the notice requirement of the bond forfeiture statute is “a condition precedent for bond forfeiture and reflects legislative intent that sureties receive a full measure of protection of their property rights before a judgment may be entered against them.” Frontier, 769 N.E.2d at 658. We conclude that mail service under the bond forfeiture statute ought to be made in compliance with Trial Rule 5(B)(2) or via a substantially similar method, such as certified mail, by which proof of service may be readily established. Such proof is lacking in this case, which would require, as an abuse of discretion, reversal of the denial of the motion to set aside the bond forfeiture judgment.
We observe, however, that the State does not seem to have had a chance before the trial court to respond to Harris and Allegheny’s motion to set aside. The trial court ruled on the motion just five days after it was filed, without a hearing. Thus, the State did not have an opportunity to present any evidence on the issue of service. In light of this, we remand for further proceedings on the motion to set aside judgment. If the State does not present any additional evidence showing service, the judgment must be set aside for failure to comply with the bond forfeiture statute.
We remand for further proceedings consistent with this opinion, and with directions to vacate the bond forfeiture judgment against Harris and Allegheny if no further evidence showing service of notice is forthcoming.
Remanded.
NAJAM, J., and KIRSCH, J., concur.