In Harris v. State, 2009 WL 2777773 (Ind.App. September 2, 2009) the defendant failed to appear and the court eventually entered judgment against the surety. The issue was whether the required statutory notice of the defendant's failure to appear was given to the agent and surety. The court record included initials and a date for notice and, as to the surety, a returned envelope addressed to the surety's address shown on the bond. The Court held that as to the surety there was sufficient proof of notice. The returned envelope showed the notice was mailed, and if the address was incorrect that was the fault of the surety or its agent. The statute also required notice to the agent, however, and the Court held that the dated initials were insufficient proof of service. The Court looked to the civil rule on proof of service by mail and held that service of the notice should be shown by a comparable certificate or by using certified mail. The Court remanded the case to give the state an opportunity to present any other evidence that the notice was mailed to the agent and directed that if there was no such evidence the judgment should be vacated.