Bond forfeiture is when the court declares a bail bond or cash deposit forfeited. It can follow a missed required court appearance. If you missed court or received a forfeiture notice, contact your defense lawyer or public defender and, if you used a surety bond, your bail bond agent promptly.
How forfeiture affects the money or bond
- Cash bail. The money deposited with the court can be subject to forfeiture. Check with the clerk and your lawyer before expecting a refund.
- Surety bond. The surety can become liable for the bond amount. If you cosigned or pledged collateral, ask the agent how the notice affects your agreement and request copies of any paperwork.
What to do if you missed court
- Find the case number, the missed hearing date, and any written notice. Keep any records that show why you could not attend.
- Ask defense counsel to check the court record for a warrant, a forfeiture order, and any upcoming deadlines or hearings.
- Tell the bail bond agent what happened and share the case information. If you cosigned, ask for a written explanation of the bond and collateral status.
- Ask your lawyer to confirm what you need to do next. A new date on the docket can appear while the earlier order is still in effect.
Can the court undo a forfeiture?
Florida law provides procedures for discharge or remission in certain circumstances. Timing, the court record, and the reason for the missed appearance can matter. Ask defense counsel which procedure, if any, applies to the case. Florida Statutes § 903.26 · Florida Statutes § 903.28
Trying to figure out which payment is at risk? See the difference between a cash deposit, premium, and collateral.
