What is required when a bond is forfeited by the court?

What is required when a bond is forfeited by the court?

• A. The court will require payment of the forfeited amount to the state or appropriate entity; the bond may pursue collections from indemnitors
• B. The bond is immediately discharged
• C. The defendant is fined personally
• D. The judge may ignore payment

Answer: (A)

When a bond is forfeited, the court makes the bond amount due and payable to the state or the proper authority because the obligation was conditioned on the defendant’s appearance. The surety’s risk is triggered, so the court expects payment of the forfeited sum. The bond can then seek reimbursement from the indemnitors who signed the indemnity agreement, since their promise was to cover the amount if the defendant failed to appear. This is why the correct answer states that payment to the state is required and the bond may pursue collections from indemnitors. The other options don’t fit because forfeiture does not discharge the bond, the defendant isn’t fined personally as the immediate remedy, and the judge cannot ignore the payment obligation.

When a bond is forfeited, the court makes the bond amount due and payable to the state or the proper authority because the obligation was conditioned on the defendant’s appearance. The surety’s risk is triggered, so the court expects payment of the forfeited sum. The bond can then seek reimbursement from the indemnitors who signed the indemnity agreement, since their promise was to cover the amount if the defendant failed to appear. This is why the correct answer states that payment to the state is required and the bond may pursue collections from indemnitors. The other options don’t fit because forfeiture does not discharge the bond, the defendant isn’t fined personally as the immediate remedy, and the judge cannot ignore the payment obligation.