Motion Bond Court Forfeiture
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FAQ
Bond forfeiture is the enforcement of a guarantee. This can apply to any bond but the best example is the bail bond. Most commonly, bail bonds are forfeited when a defendant misses a court date. The bail bondsman or bondswoman must then pay the outstanding bail.
If there is a breach of a condition of a bond; e.g., when a defendant fails to appear for a scheduled court appearance, the court may declare a Bond Forfeiture. Upon filing of a motion by the prosecuting attorney, the court may enter a judgment awarding the bond money to the municipality.
In the event that the judge does issue a bond forfeiture, they are revoking the previous personal bond or surety bond and the defendant is going to have a warrant issued against them. The warrant will typically come out three to five days after the bond forfeiture is issued.
If the prisoner is admitted to bail and fails to appear and surrender himself ing to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the state.
Bail bonds and personal bonds are forfeited in the following manner: The name of the defendant shall be called distinctly at the courthouse door, and if the defendant does not appear within a reasonable time after such call is made, judgment shall be entered that the State of Texas recover of the defendant the amount ...