Bail Bond Forfeiture & Exoneration Flashcards

What event triggers a bail bond forfeiture?

Answer: The defendant fails to appear in court as required

Bond forfeiture is triggered when a defendant fails to appear for a scheduled court hearing, putting the full bond amount at risk.

What is a 'forfeiture judgment'?

Answer: A final court order requiring the surety to pay the full bail amount

A forfeiture judgment is the final court order entered against the surety requiring payment of the full bail amount when the defendant has failed to appear.

What is a 'notice of forfeiture'?

Answer: An official notice to the bail agent that bail has been forfeited due to failure to appear

A notice of forfeiture is sent to the bail agent and surety company informing them that the defendant failed to appear and the bond is being forfeited.

What is the 'reinstatement' of a forfeited bond?

Answer: Restoring a forfeited bond to active status after the defendant is returned

Bond reinstatement occurs when a forfeited bond is restored to active status, typically after the defendant has been located and returned to custody.

Under what circumstances might a court set aside a bond forfeiture?

Answer: If the defendant's failure to appear was caused by disability, illness, or incarceration elsewhere

Courts may set aside forfeitures when the defendant's absence was beyond their control, such as being hospitalized, incarcerated elsewhere, or deceased.

What happens to collateral held by a bail agent when a bond is forfeited and not recovered?

Answer: The agent may use it to satisfy the forfeiture judgment

When a bond is forfeited and the agent cannot recover the defendant, the agent may liquidate the collateral to pay the forfeiture judgment.