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REQUESTING SET-ASIDE OR REMISSION OF A. BAIL FORFEITURE JUDGMENT. These instructions apply only to appearance bonds, not performance bonds. 1.To ask the judge to set aside the order, you will need to fill out and file forms with the court. Forfeitures which have gone to judgment do not qualify for remission unless the judgment has been set aside. First, request that the bailiff call the defendant's name distinctly at the courthouse door. A. The surety files a motion with the Criminal Division seeking to set aside the bail forfeiture. 903, Florida Statutes (chapter 903), sets forth provisions for bail bond exoneration , forfeiture, judgment , remission and cancellation. (B) Any motion for a bail forfeiture to be set aside must be filed with the clerk of court within ninety days of the date of the order of forfeiture. I. Guidelines for Seizure and Restraint Planning . Court for remission of forfeiture of bond money paid in this case pursuant to section 903.