§ 516 Bond Forfeiture Prosecution Order

If a bond is forfeited, a person who would benefit from it can ask the judge to order the bond to be enforced for that person's benefit, and that person must pay any costs.

Key Takeaways

•A forfeited bond can be prosecuted by court order.
•The person who will benefit (e.g., the surety) must apply and show proof of their right to the bond.
•Any risk or cost of the prosecution falls on that person.

Example

A bail bond is forfeited because the defendant didn't show up to court. The bail bond company, which would lose the money, asks the judge to enforce the bond so they can collect the amount.

The bond company files an application with proof that they are the ones entitled to the bond money. The judge can then order the bond to be prosecuted (enforced) for the company's benefit, and the company has to cover any expenses involved.

If the bond becomes forfeited, the judge of the superior court, upon the application, supported by proof of the person entitled to its benefit shall make an order for its prosecution for such person’s benefit, and at his risk and expense. (Enacted by Stats. 1937, Ch. 368.)

If a bond is forfeited, a person who would benefit from it can ask the judge to order the bond to be enforced for that person's benefit, and that person must pay any costs.

Key Takeaways

•A forfeited bond can be prosecuted by court order.
•The person who will benefit (e.g., the surety) must apply and show proof of their right to the bond.
•Any risk or cost of the prosecution falls on that person.

Example

A bail bond is forfeited because the defendant didn't show up to court. The bail bond company, which would lose the money, asks the judge to enforce the bond so they can collect the amount.

Key Takeaways

Example

Key Terms

References

§ 516 Bond Forfeiture Prosecution Order

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References