Bail Bond Forfeiture & Exoneration Flashcards

What is a 'scire facias' in bail bond law?

Answer: A court order to show cause why a forfeiture judgment should not be entered

Scire facias is a legal writ requiring the surety to show cause why a forfeiture judgment should not become final after a defendant's failure to appear.

What is the 'vacatur' of a bail bond forfeiture?

Answer: The court's action of setting aside or canceling a forfeiture

Vacatur is when the court formally sets aside and cancels a forfeiture, typically because the defendant was returned to custody or the forfeiture was legally improper.

How does a bail agent typically get exonerated from bond liability?

Answer: By surrendering the defendant back to custody before the forfeiture period expires

The most common way for a bail agent to be exonerated is to surrender the defendant to custody before the forfeiture deadline, eliminating financial liability.

What does 'bond exoneration upon case disposition' mean?

Answer: The bond is exonerated when the case is dismissed or the defendant is sentenced

When a criminal case reaches final disposition through dismissal, acquittal, or sentencing, the bail bond obligation is satisfied and the bond is exonerated.

What is a 'remission' in bail bond forfeiture?

Answer: The court's partial or full return of forfeited funds after the defendant is recovered

Remission is when the court returns some or all of the forfeited bail money to the surety, often when the defendant is recovered after forfeiture was paid.

What is a 'conditional forfeiture'?

Answer: A forfeiture that will become permanent unless the defendant appears within a specified period

A conditional forfeiture is declared when a defendant fails to appear, but becomes final only if the defendant is not returned to custody within the grace period.