Forfeiture timelines

The basic sequence

When a defendant fails to appear, most states follow a similar pattern: the court declares the bond forfeited, notice goes to the surety and agent, a period follows in which the surety can return the defendant or show cause, and if that period ends without resolution, a summary judgment is entered. Many states then allow partial remission if the defendant is later returned. The details — and the deadlines — are state-specific.

California

• Court declares forfeiture when the defendant fails to appear without sufficient excuse (Penal Code 1305)
• Notice of forfeiture must be mailed to the surety and bail agent if the bond exceeds a set amount; the timing of the mailing matters
• The surety generally has 180 days from mailing (plus 5 days if mailed) to resolve the forfeiture
• A motion to extend may be granted for up to an additional 180 days on a showing of good cause
• If not resolved, the court enters summary judgment; there are strict timing rules for this step
• Some relief may still be available after judgment in limited situations — consult counsel

Grounds that may vacate forfeiture (general)

• Defendant surrendered or returned to custody within the period
• Defendant is in custody elsewhere and the prosecutor declines to extradite
• Defendant is dead or permanently disabled
• Defects in notice or procedure

Calendar discipline

• Log the notice mailing date, not the date you received it
• Calendar the appearance period end, motion deadlines and hearing dates
• Notify your surety immediately
• Keep proof of every recovery effort for any extension motion

Disclaimer

Deadlines are strict and vary by state and by bond. Always confirm with the court, your surety and an attorney.