Exoneration, Surrender, and Forfeiture Procedures
Exoneration and forfeiture questions test deadlines and the difference between the surety's obligation and the agent's practical duty to produce the defendant. Most marks are lost on the 180-day forfeiture clock.
Exoneration
- The surety is exonerated when the defendant performs the conditions of the bond and the court discharges it, or when the case ends without a forfeiture.
- The agent should obtain a court exoneration, file it with the insurer, close the file, and return collateral with an accounting.
Surrender
- The surety or agent may surrender the defendant into custody and ask the court to exonerate the bond; notice and documentation matter.
- Surrender is not a substitute for appearing at a required hearing; it must be properly presented to the court.
Forfeiture
- If the defendant fails to appear, the court may declare forfeiture and issue a bench warrant; notice goes to the surety/agent.
- Under Penal Code § 1305, the surety generally has 180 days after notice to move to vacate the forfeiture and exonerate the bond; the court may extend only in limited statutory circumstances.
- If no timely motion or relief, judgment may be entered against the surety.
Worked example. A defendant misses a hearing because he is in a hospital in another county. The agent documents the hospitalization, files a motion to vacate within 180 days, and serves the prosecutor and court. If the agent instead waits 200 days, the court loses jurisdiction to grant relief and the surety faces judgment.
Traps: counting from the missed hearing instead of the statutory notice; assuming a bench warrant automatically exonerates; failing to calendar the 180th day.