A notice of the rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the court and served according to the terms as established in this article within 90 days of the court's conditional forfeiture order to the defendant and sureties. The notice may be in the following form:
You are hereby notified that your name appears as a surety on the bond in the above styled case. This case was called for trial on _______ (date) and the defendant was not present to answer. Therefore, a conditional forfeiture of _______ dollars was entered against you.
You shall file a written response within 28 days after you receive this notice and show cause to the court why this bond amount and the court cost incident to this forfeiture should not be made final.
If no action on your part is taken 28 days after the date you receive this notice, a final forfeiture may be entered against you by the court. The sheriff shall collect the amount of the bond and court cost from you or levy on your property to satisfy the forfeiture case. If you file a written response and the court is of the opinion your written response is not sufficient to set aside the conditional forfeiture, then the court shall set a final forfeiture hearing date and you will be notified at the address provided on the response.
This bond forfeiture is a court case against you separate from the defendant's criminal case. The court has also ordered that the defendant be re-arrested in the original case.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Article 6 - Alabama Bail Reform Act of 1993.
Division 6 - Forfeiture - Proceedings Thereon.
Section 15-13-130 - Cash Bail - Undertaking of Bail: Basis of and When Forfeited.
Section 15-13-131 - Proceeding in Forfeiture of Bail - Not Cash - Conditional Forfeitures Order.
Section 15-13-132 - Conditional Forfeiture Notice to Defendant and Sureties.
Section 15-13-133 - Provisions of Sureties Address for Service.
Section 15-13-134 - Service of Forfeiture Notice.
Section 15-13-135 - Returns "Not Found" or Certified Mail Returned.
Section 15-13-136 - Failure to Issue and Serve Conditional Forfeiture in 90 Days.
Section 15-13-137 - Conditional Judgment Set Aside, Reduced, or Made Absolute.
Section 15-13-139 - Remission After Final Judgment of Forfeiture.
Section 15-13-140 - Reasons for Default Heard at Any Time, and Allowed Without Costs.
Section 15-13-141 - Revocation of Authority to Execute Bail by Clerk.