Court Procedures, Forfeiture, and Remittance
Court procedure
After posting, the bond is filed and the defendant is released. The agent must monitor court dates and be ready to surrender the defendant. If the defendant fails to appear, the court may order forfeiture and issue notice. The surety or agent may produce the defendant or request remission; payment follows if the court does not set aside the forfeiture.
Forfeiture and remittance
- Act immediately on a failure to appear; do not wait for a warrant.
- File a motion to set aside forfeiture or for remission with supporting facts.
- Pay the judgment only under court order and obtain a receipt.
- Seek discharge or exoneration when the case ends or the defendant is surrendered.
Worked example
A defendant misses a pretrial hearing, and the agent locates him two days later and surrenders him to the jail. Reasoning: production before the court's deadline can defeat forfeiture. The agent should file proof of surrender and ask the court to set aside or remit the forfeiture. Paying the full bond without moving for remission may waive recovery.
Traps
Assuming the court will notify the agent automatically. Missing the motion deadline. Paying the bond without a court receipt. Confusing surrender (returning the defendant to custody) with exoneration (release of the surety).