Bail bonds in Fort Payne and DeKalb County, Alabama cost 10% of the total bail amount set by the court. Connie's Bail Bonding provides 24/7 bail bond services with licensed agents available at 256-601-2041. Located at 2700 Jordan Rd SW, next to the DeKalb County Detention Center. Payment plans and credit cards accepted.

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Bond Forfeiture Process in Alabama

Missed a court date in Alabama? You have 90 days before bond forfeiture is final. Learn the process, cosigner liability, and how to fix it. Call 256-601-2041.

Written by Richard APBB License #S0334 ✓ 8 min read Updated March 2026

Quick Answer

What is bond forfeiture in Alabama?

Bond forfeiture occurs when a defendant fails to appear in court. The court issues a bench warrant and conditional forfeiture notice. Alabama law provides approximately 90 days for the bondsman to locate and return the defendant. If unsuccessful, the bond becomes final—the bondsman pays the full bail to the court and pursues the cosigner for reimbursement.

Source: Ala. Code § 15-13-131

What Triggers Bond Forfeiture?

A bond is forfeited when the defendant fails to appear (FTA) at a scheduled court hearing without a valid excuse. Common causes: Forgetting the court date, intentionally fleeing/skipping, being arrested on new charges elsewhere, medical emergency (may be excusable with documentation), transportation issues (rarely excused without prior notice). What does NOT trigger forfeiture: Case being dismissed, being found guilty or not guilty, case concluding normally.

The Forfeiture Timeline

Day 0: Failure to Appear — judge issues bench warrant and conditional forfeiture. Days 1-14: Notice sent to defendant and surety. Days 14-90: Grace period for bondsman to locate defendant. Day 90+: Final forfeiture hearing — conditional judgment becomes absolute. After final forfeiture: Bonding company pays court and pursues cosigner.

The 90-Day Grace Period

Alabama gives bondsmen roughly 90 days to find the defendant before final forfeiture. During this period: Bondsman will call you (the cosigner) repeatedly, they'll ask for information on the defendant's whereabouts, professional fugitive recovery agents may be dispatched, the defendant is actively hunted. If you help locate the defendant and they're returned to custody within the grace period, the forfeiture can be set aside. The court can vacate the forfeiture under Ala. Code § 15-13-137 if the defendant is produced and sufficient cause is shown.

What "Sufficient Cause" Means

Under Alabama law, the court can set aside forfeiture if: (1) The defendant is produced (returned to custody), AND (2) Sufficient cause for the failure to appear is shown. Examples of sufficient cause: Documented medical emergency (hospitalization), death in immediate family, arrest in another jurisdiction, documented circumstances beyond defendant's control. What's NOT sufficient cause: Forgot the date, couldn't get a ride, had to work, didn't want to come.

Financial Consequences of Forfeiture

When a bond is forfeited, the cosigner faces: Full bail amount owed (not just the 10% premium), recovery costs (bounty hunters, skip tracing, legal costs), collateral seizure, civil lawsuit, wage garnishment (up to 25% of disposable income in Alabama), credit damage. Example: You cosigned a $15,000 bond (paid $1,500 premium). Defendant skips and isn't found. You now owe: $15,000 (bail) + $2,000+ (recovery costs) = $17,000+ total.

How to Avoid Forfeiture

Before signing: Only cosign for someone you genuinely trust, assess their reliability, make sure they have stable housing and ties to the area. After signing: Keep in regular contact with the defendant, know all court dates, remind them before every hearing, attend court with them if possible, immediately report concerns to the bondsman. If you're worried they'll skip: Contact the bondsman BEFORE the court date, you can request to surrender the defendant, this means they go back to jail but your liability ends.

What If the Defendant Is Found After Final Forfeiture?

Alabama law (Ala. Code § 15-13-139) allows for remission — the court can refund part of the forfeited amount if the defendant is later apprehended. How it works: Defendant is caught or surrenders after forfeiture was finalized, bondsman petitions court for remission, judge may return a portion of the forfeited bail, amount varies based on timing and circumstances. This is discretionary and not guaranteed.

Step-by-Step Process

1

Day 0: Failure to Appear

Defendant misses court. Judge issues a bench warrant for arrest and orders conditional forfeiture of the bond.

2

Days 1-14: Notice Sent

The court sends a notice of conditional forfeiture (scire facias) to the defendant and surety (bondsman). This officially starts the forfeiture clock.

3

Days 14-90: Grace Period

Alabama law (Ala. Code § 15-13-131) provides approximately 90 days from the notice for the bondsman to locate and return the defendant to custody.

4

Day 90+: Final Forfeiture Hearing

If the defendant hasn't been returned, the court holds a hearing. The conditional judgment becomes absolute—the bond is officially forfeited.

5

After Final Forfeiture

The bonding company must pay the full bail amount to the court. They then pursue the cosigner for reimbursement.

Alabama Law References

Ala. Code § 15-13-131 Provides approximately 90 days for bondsman to locate defendant before final forfeiture
Ala. Code § 15-13-137 Court can vacate forfeiture if defendant is produced and sufficient cause is shown
Ala. Code § 15-13-139 Allows for remission — court can refund part of forfeited amount if defendant is later apprehended

Worried About a Missed Court Date?

Time is critical. Call us now and we can help you understand your options before forfeiture becomes final.

Frequently Asked Questions

How long do you have before a bond is forfeited in Alabama?

Alabama law gives approximately 90 days after a failure to appear before bond forfeiture becomes final. Under Ala. Code § 15-13-131, the court first issues a conditional forfeiture notice to both the defendant and the bonding company. From that notice date, the bondsman has roughly 90 days to locate the defendant and return them to custody. During this grace period, the bail bond agent will contact the cosigner repeatedly for help finding the defendant. If the defendant is returned to jail within those 90 days, the court can set aside the forfeiture entirely. If not, a final forfeiture hearing is held and the full bail amount becomes due. Time matters in these situations. If you are worried about a missed court date, call Richard at 256-601-2041 right away so we can discuss your options.

Can forfeiture be stopped if the defendant turns themselves in?

Yes, forfeiture can be stopped if the defendant surrenders before the final judgment is entered. Under Ala. Code § 15-13-137, the court can vacate the conditional forfeiture when the defendant is produced and sufficient cause is shown for the missed court date. The sooner they turn themselves in, the better the outcome for everyone involved. If the defendant returns to custody during the 90-day grace period, the cosigner can avoid owing the full bail amount plus recovery costs. Even if they cannot show sufficient cause, surrendering early shows good faith and may help with the judge's decision. As a cosigner, you also have the right to surrender the defendant yourself to end your liability. Call Connie's Bail Bonding at 256-601-2041 and we can walk you through the surrender process step by step.

Will I go to jail if the defendant I bailed out skips?

No, cosigners do not face criminal charges or jail time when a defendant fails to appear in court. The bench warrant is only for the defendant, not for you. However, you do face serious financial consequences. As the cosigner, you are responsible for the full bail amount if forfeiture becomes final, not just the 10% premium you originally paid. For example, if the bail was $15,000 and the defendant skips, you could owe the full $15,000 plus recovery costs like skip tracing fees. The bonding company can also file a civil lawsuit, seek wage garnishment of up to 25% of your disposable income, and seize any collateral you put up. Civil judgments in Alabama last 20 years. If someone you cosigned for has missed court, call us at 256-601-2041 so we can help locate them before forfeiture becomes final.

What if the defendant was in the hospital and missed court?

A documented medical emergency may qualify as sufficient cause to set aside the forfeiture under Alabama law. If the defendant was hospitalized and physically unable to attend court, the court can vacate the conditional forfeiture under Ala. Code § 15-13-137. The key is documentation. You need hospital admission records, discharge papers, and any medical statements showing the defendant could not appear. Get these records to the bondsman and the defendant's attorney as quickly as possible. The defendant still must appear in court once they are medically able. The court will typically reschedule the hearing, and as long as the defendant shows up, the bond remains in effect. Do not wait to take action. Call Connie's Bail Bonding at 256-601-2041 or Connie at 256-630-2824 so we can help you file the proper paperwork with the court.

Can the bondsman come after me years later?

Yes, a bonding company can pursue collection against a cosigner for a very long time. Civil judgments in Alabama are valid for 20 years and can be renewed, so the debt does not simply go away. After a bond forfeiture becomes final, the bonding company pays the full bail amount to the court. They then have the legal right to recover that money from the cosigner through civil lawsuits, wage garnishment, and collateral seizure. This can include liens on property, bank account levies, and garnishment of up to 25% of your disposable income. The financial impact can also affect your credit. That is why acting quickly during the 90-day grace period is so important. If you help locate the defendant before forfeiture is finalized, you may avoid these consequences entirely. Call us at 256-601-2041 to discuss your situation.