Alabama Code 15-13-132. Conditional forfeiture notice to defendant and sureties
Terms Used In Alabama Code 15-13-132
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: means next after. See Alabama Code 1-1-1
- property: includes both real and personal property. See Alabama Code 1-1-1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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:
STATE OF ALABAMA ______________ (or City of ___________ )Defendant vs ___________ County ______________ SuretyCase No. _________________________ SuretyCharge:
___________ Conditional Forfeiture Notice To:
_______________________
CourtDefendant __________________________ Surety
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 30 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 30 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.
Date issued: ___________ By ___________ Clerk