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Bond forfeiture is the enforcement of a guarantee.Most commonly, bail bonds are forfeited when a defendant misses a court date. The bail bondsman or bondswoman must then pay the outstanding bail. Depending on the amount of money owed, those bondsmen may seek out the defendant and return them to the courts.
Bail/Bond Forfeiture Non-Conviction. The defendant forfeits or pays their bond in place of going to trial.There is no finding of guilt and the defendant is being discharged from trial but there are special conditions that must be followed.
Bond forfeiture means that the court can collect the bond money because the surety failed to produce Joe in court, as required. A forfeited bond becomes the property of the jurisdiction hearing the case. The court will set a date to hear testimony on the bond forfeiture.
Getting a surety bond released essentially means terminating it, because you have successfully performed the duty the surety bond was meant to insure. It is fairly simple to release a surety bond: all you need to do is apply to the bond producer, or broker, who arranged the surety bond.
If the inmate can't pay the cost of the bail, then they remain in custody until their court date.If the defendant shows up for their court date, the bondsman gets back the entire amount of the bail. The inmate won't get any money back since the 10% premium is payment for the bail bondsman's services.
The term money judgment is used to describe a particular kind of directly forfeitable property. It is a short-hand way of describing the defendant's continuing obligation to forfeit the money derived from or used to commit his criminal offense whether he has retained the actual dollars in his possession or not.
Bail bond forfeiture results when a court appearance is missed, and the company or person who put up the bond is required to pay the defendant's outstanding bail amount. A forfeited bond becomes the property of the jurisdiction overseeing the case, and it cannot be refunded.
If you opt to purchase a surety bond, you would pay a surety company to write that bond for you.If you buy a surety bond, you cannot cash it out once the bond is exonerated or "released from the court". You also do not receive back the money you paid for it.
In criminal cases, when someone does not show up for a scheduled court appearance, or fails to fulfill other expected responsibilities, it leads to bail bond forfeiture.However, if a bail bondsman guaranteed the bond, then they are now responsible and will lose their bail bond.