What happens to the person who put up the bond when the person does not go to court? 76 Answers as of July 02, 2013

If someone puts up bail for someone and that person does not go to court or follow through with what they are suppose to do, what can happen to the person that put up the bail money?

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Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
The money posted can be forfeited and the person can lose rights to it if the bonded person fails to appear.
Answer Applies to: Kansas
Replied: 1/9/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
The bond can be forfeited.
Answer Applies to: Minnesota
Replied: 1/9/2012
Law office of Robert D. Scott | Robert Scott
The person that posted the bond money forfeits the bond money, unless he returns that person to court.
Answer Applies to: Maryland
Replied: 1/9/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Generally speaking, when a person charged in a criminal matter fails to appear for a scheduled and mandatory court-appearance, the court will issue a bench warrant for their arrest and their bond will potentially be forfeited. However, depending on the circumstances, the court may give the person who posted the bond a chance to plead their case prior to forfeiting the bond outright.
Answer Applies to: Michigan
Replied: 1/8/2012
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
If the person who put up the money is also a guarantor / signer on the bond, too, then that person is responsible to the bonding company as the contract says - which is generally for the whole bond and related expenses.
Answer Applies to: Texas
Replied: 1/6/2012
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    In that case, the person that posted your bond is in danger and probably will lose their bond money unless the bond revocation is quashed by the judge.
    Answer Applies to: Michigan
    Replied: 1/4/2012
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    The person who put up the money will eventually lose the money if the defendant never shows up at court.
    Answer Applies to: Georgia
    Replied: 1/3/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They can lose the money. And if they agreed to be personally responsible and had to put up only a part of the money, then they can be liable for the full amount.
    Answer Applies to: Michigan
    Replied: 1/3/2012
    Adesina Law Office, P.C.
    Adesina Law Office, P.C. | Adebayo Adesina
    The person that is putting up the bond is doing so as surety on behalf of the accused. If the accused fails to follow through with the court proceedings and miss court. Then a bond forfieture order may be entered by the court which means the bond is lost or no longer available for a refund at the end of the case. The person putting up the bond can not be charged with a crime if the accused jumps bail. Unless they actively interfere with the delivery of justice.
    Answer Applies to: Illinois
    Replied: 1/3/2012
    The Law Offices of Stephen L. Richards | Stephen L. Richards
    They lose the bond money.
    Answer Applies to: Illinois
    Replied: 1/3/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Nothing happens to the person. He or she just loses the money put up.
    Answer Applies to: New York
    Replied: 1/3/2012
    Burdon and Merlitti
    Burdon and Merlitti | Adam Van Ho
    If a person signs for a bond, or puts up the initial money, then that person can be on the hook for the full amount of the bond if the individual fails to show up for court. Some judges will only order that the cash amount of the bond be forfeited, but others will put the co-signer on the hook for the entire bond amount. This is why I encourage my clients to be careful before agreeing to co-sign for a bond, and to only do so when they completely trust the person for whom they are signing the bond.
    Answer Applies to: Ohio
    Replied: 1/3/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    Nothing should happen to the person who put up bail money except forfeiture of the bail bond or cash bond.
    Answer Applies to: New York
    Replied: 12/30/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    You lose the bond money. It is forfeited to the court.
    Answer Applies to: Missouri
    Replied: 12/30/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    They lose their money.
    Answer Applies to: New York
    Replied: 12/30/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    Nothing will happen to the person who put up the bail money as far as criminal charges. However, the person will lose the bail money that they put up on your behalf. So if you still have a court date, I would go if you care about the person who helped you out. You will have more severe penalties however, because if you just don't show up you will have a warrant issued for your arrest.
    Answer Applies to: Florida
    Replied: 12/30/2011
    Jon M. Martinez Criminal Law Group | Jon M. Martinez
    If you put up money or collateral for bond and the person does not show up to court, the bond would be forfeited and you would lose your money and collateral that you posted for them.
    Answer Applies to: Arizona
    Replied: 12/29/2011
    Law Offices of Kenneth M. Christopher ESQ | Kenneth Christopher
    If it is a cash bail (as opposed to a bond) the person who put up the money will lose the money they put up of the person does not follow through with appearing in Court and the Court revokes their bail.
    Answer Applies to: New York
    Replied: 12/29/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The court has the right to forfeit the bail, meaning you could lose it. You need to find that person and take him or her before the court ASAP. You need to tell the court that you are no longer secure in that bail and that you wish to withdraw it. Then your forgetful friend can sit in jail until his or her trial.
    Answer Applies to: Washington
    Replied: 12/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The would be required to pay the bail money to the bondsman if the bond is forfeited.
    Answer Applies to: Minnesota
    Replied: 12/29/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If the person arrested does not go to court the court will issue a failure to appear and an alias warrant. The bond may be forfeited and the person making that bond will be held responsible for payment of the bond amount.
    Answer Applies to: Alabama
    Replied: 12/29/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    The Bonding Agent (Principal) looses his money.
    Answer Applies to: Texas
    Replied: 12/29/2011
    Law Office of Alfred L. Petrocelli Jr. | Alfred L. Petrocelli Jr.
    If a defendant on bond fails to appear, he forfeits the money posted for bond. The person who posted the bond loses the money.
    Answer Applies to: Illinois
    Replied: 12/29/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you post bond or put up a cash bail and the person does not appear in court the judge may forfeit the bond and you will lose the cash or owe the bondsman the money. You should retain an attorney if it was a large amount of money and it has just been forfeited.
    Answer Applies to: New York
    Replied: 12/28/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If the defendant does not appear the bail is forfeited. Then there is a period of time in which if the person subsequently appears the bail can be returned. If he doesn't it can be lost forever.
    Answer Applies to: California
    Replied: 12/28/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    He who provides the funds or property for bail, loses the money or property which is the basis for the bail.
    Answer Applies to: California
    Replied: 12/28/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The person who post bail loses it all, unless and until the defendant is tracked down and returned to the custody of the court.
    Answer Applies to: California
    Replied: 12/28/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    If the court so orders, the bail is forfeited and the person who posted the bail loses the money posted.
    Answer Applies to: Washington
    Replied: 12/28/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    The bond premium is already lost. Any collateral the person put up will be collected on.
    Answer Applies to: California
    Replied: 12/28/2011
    Law Offices of Steven R. Hunter | Steven Hunter
    In Illinois, the person who posted the bail can lose their money if the defendant fails to appear in court and a judgment forfeiting the bond is entered by the court. This usually happens 30 days after the defendant fails to appear in court. There is no other penalty for the person who posted the bond, also known as the surety.
    Answer Applies to: Illinois
    Replied: 12/28/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If you cosigned for the bond and the bond is revoked by the court, you are responsible to the bond company for the remaining amount of the bond.
    Answer Applies to: Minnesota
    Replied: 12/28/2011
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Although the person putting up the bond is not subject to being tossed in jail, they will face a forfeiture (loss) of the bond money in full for a non appearance by the defendant. In some cases a family member has lost the retirement nest egg and family home or farm which had been used as security for a appearance bond for a son or brother who skips. If there is a bonding company involved they will be seeking the entire amount of the bond repaid not just the percentage that was fronted to get them to post the original bond. This also applies where there is a co-signing of the bond with someone else. Posting a bond in most jurisdictions requires it to put in the name of the defendant and any associated fines and court costs including restitution will be taken out of the bond before any remaining amount is returned. You may need to consider a posted bond as being a gift to the defendant.
    Answer Applies to: Missouri
    Replied: 12/28/2011
    Allan & Summary
    Allan & Summary | Justin Summary
    The court can have a bond forfeiture proceeding and take the bond money that was put up. Nothing happens to the person (besides losing the money) who put up the bond money unless there was some sort of special bond condition in place.
    Answer Applies to: Missouri
    Replied: 12/28/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    The court can order the bond forfeited in which case the person who put it up loses it.
    Answer Applies to: Louisiana
    Replied: 12/28/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If a person is bonded out of custody awaiting a court appearance and that person does not show up the bond is forfeited. If the bond came from a bail bonds then the collateral for the bond is forfeited to the bondsman.
    Answer Applies to: California
    Replied: 12/28/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    If someone posts bail for a defendant and the defendant does not appear for court on the scheduled date, the bail is forfeited to the state. If there are extenuating circumstances which caused the defendant to miss the court date (ie in the hospital)the person who posted the bail can request relief and get the bail returned,assuming the defendant returns to court and disposes of the case.
    Answer Applies to: Massachusetts
    Replied: 12/28/2011
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    It depends. If they used a bondsman, the bondsman is liable for the full amount to the court and they will likely go after whoever secured the bond. For example, the person who secured the bond may have put their vehicle up for collateral. In that case, the bondsman would attempt to take the vehicle. If the person who bonded you out put up the whole bond themselves, without any other collateral or etc, the bond will be forfeited to the court. They will likely be unable to ever get the money back.
    Answer Applies to: Kansas
    Replied: 12/28/2011
    Culp , Doran , Seidlin & Genest | Michael Culp
    They lose the money that they posted as bond.
    Answer Applies to: Iowa
    Replied: 12/28/2011
    John P Yetter | John Yetter
    The person who posts bond is called the "surety." A surety stands to lose their money if the defendant fails to appear, but nothing beyond that will happen to them. You have posted your money, but have not undertaken any commitment to the court to be in charge of that person.
    Answer Applies to: Illinois
    Replied: 12/28/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If the court forfeits the bond due to the failure of the person to appear in court, the person, or bonding company, that put up the bond is liable to the court for the amount of the bond. The court may first give the bondsman an opportunity to produce the individual before his or its cash is forfeited.
    Answer Applies to: Minnesota
    Replied: 12/28/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    The bail gets forfeited.
    Answer Applies to: New York
    Replied: 12/28/2011
    Law Offices of Mitch Furman | Mitch Furman
    The person who paid the bond will lose their money. Person who missed court will have a warrant issued for their arrest.
    Answer Applies to: Illinois
    Replied: 12/28/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Whoever posted the bond will lose a lot of money unless the defendant is brought to court within 180 days of the bond being forfeited.
    Answer Applies to: California
    Replied: 12/28/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You will forfeit the bail to the Court.
    Answer Applies to: New Jersey
    Replied: 7/2/2013
    Bruce Yerman, Attorney At Law
    Bruce Yerman, Attorney At Law | Bruce Yerman
    The person who posted the bail will lose their money. If you posted cash bail, you will forfeit the cash you posted: the state will keep it. If you purchased a bail bond, the bail bondsman will forfeit the value of the bail bond. The bail bondsman will then come after you for reimbursement. When you purchased the bail bond, you posted collateral and signed various documents that will simplify the bail bondsman's ability to recover from you. If the defendant vacates the bench warrant within thirty days, the Court might vacate the forfeiture of bail.
    Answer Applies to: New York
    Replied: 12/28/2011
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    Nothing to the Person, but the Bond is forfeited.
    Answer Applies to: Oklahoma
    Replied: 12/28/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    The Bond is forfeited.
    Answer Applies to: Michigan
    Replied: 7/2/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The bond is posted to ensure that the defendant appears in court. If the defendant fails to appear and the court declares the bond forfeoited, then the person who posted the bond/bail money looses it.
    Answer Applies to: Washington
    Replied: 12/28/2011
    Glojek Ltd | Joseph E. Redding
    Nothing can happen to the person who put up the money, other than the fact that they will lose their money.
    Answer Applies to: Wisconsin
    Replied: 12/28/2011
    Vargas Law Office LLC | Ronnie Ismael Vargas
    In many cases bail is forfeited and the State keeps the money.
    Answer Applies to: Wisconsin
    Replied: 12/28/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    The person who put up the bail money typically loses the money that was put up to bail the person out. Usually the court will set a further bail to release the person who missed court.
    Answer Applies to: Massachusetts
    Replied: 12/28/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    That person would either lose his collateral for the bond or be responsible for the full amount of any forfeited bond amount.
    Answer Applies to: Nevada
    Replied: 12/28/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    The Court won't do anything to you but the bondsman will come after you. If you posted property instead of using abail bondsman the court will forfeit your property.
    Answer Applies to: California
    Replied: 12/28/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    The bail and security is lost. If the person secured the bail with property, the bail bond company will get a court and seize the property.
    Answer Applies to: California
    Replied: 12/28/2011
    Aaron Black Law
    Aaron Black Law | Aaron Black
    That person will lose their money or whatever was put up as collateral.
    Answer Applies to: Arizona
    Replied: 12/28/2011
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    The bond money will be forfeited to the court, at least until the person is arrested by police or bail bondsmen and brought before the court.
    Answer Applies to: Georgia
    Replied: 12/28/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    The bondsman can lose, or forfeit, the entire bond. As a result, it is an important decision to make when one agrees to consider posting their property.
    Answer Applies to: Georgia
    Replied: 12/28/2011
    Myles Hahn III Attorney at Law | Myles Hahn III
    Your bond payment is considered forfeited by the court, unless the court can be persuaded that there is a really good explanation for why the defendant missed court (such as a documented medical condition). It will be difficult to persuade the court.
    Answer Applies to: Illinois
    Replied: 12/28/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If they put up cash or property, they can lose their surety. If they went through a bail bonds company, they are obligated under the contract they signed.
    Answer Applies to: California
    Replied: 12/28/2011
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