Bail Forfeiture in California, Penal Code 1305

By Jane Un, licensed bail agent #1843448. Updated October 29, 2026.

A court date was missed and now there is a letter, a phone call from the bail agent or a bench warrant. The word on the paperwork is forfeiture. It sounds final, but in California it starts a clock, and a lot can still be done while the clock runs.

This guide goes through Penal Code sections 1305 and 1306 in plain words, step by step. It is built to sit next to our shorter guide on what to do after a missed court date. Read that first if you need today's checklist, and come back here for the details.

What forfeiture means

When a defendant out on bail fails to appear without sufficient excuse, the court must declare the bail forfeited in open court. The statute lists the occasions, which are arraignment, trial, judgment, any other time before judgment when the defendant's presence is lawfully required, and surrender to start a sentence after an appeal. The bond itself, or the cash or property put up as bail, is what gets forfeited.

Forfeiture is not a conviction and it is not a new crime. It is the court saying that the money promise behind the release may now be collected. A bench warrant for the person's arrest often issues at the same time. Penal Code section 978.5 allows a bench warrant when someone released on bail fails to appear when ordered.

The court has some room to wait. Penal Code section 1305.1 says that if the judge has reason to believe sufficient excuse may exist, the court may continue the case for a reasonable time without forfeiting bail or issuing a warrant. If the person then fails to appear by the new date, bail is forfeited. That is why calling the court or the lawyer the same day matters.

The clock, in order

Most of what protects a family sits in subdivisions (b) and (c) of section 1305. Here is the sequence.

1. The court declares the forfeiture in open court. That date starts everything.
2. If the bond or deposit is more than $400, the clerk must mail notice of the forfeiture to the surety, or the depositor if cash was posted, within 30 days. The court also mails a copy to the bail agent named on the bond.
3. Because of the mailing, the 180 day period is extended by five days.
4. The defendant, the bail agent or the surety has 180 days from the forfeiture, or from the mailing date where notice is required, to bring the defendant back or otherwise resolve the matter.
5. If nothing changes, the court enters summary judgment against the bond.

The statute is strict about the mailing step. The surety is released of all obligations if the clerk fails to mail the notice within 30 days, fails to mail it to the surety at the address printed on the bond, or fails to mail a copy to the bail agent at the address on the bond. Where the surety is an authorized corporate surety and the bond shows both addresses, mailing to only one of them does not count.

We read the bond and the court record for these details when a forfeiture happens. Sometimes a notice was late or went to the wrong place. We do not count on it, but we always check.

How the forfeiture gets set aside

A forfeiture is vacated and the bond exonerated, which means released, in several situations. These are the main ones.

• The defendant appears in court, voluntarily or in custody, within the 180 days. The court is supposed to act on its own motion at the first appearance. If the court does not, the surety's obligations are immediately vacated and the bond is exonerated.
• The defendant is surrendered to custody, or arrested on the case, within the county and the 180 days, and is released before a court appearance. The court acts on its own motion in that case too.
• The defendant is surrendered or arrested in the underlying case outside the county within the 180 days. The statute says the court shall vacate the forfeiture and exonerate the bail.
• The defendant is held in custody beyond the court's reach and the prosecutor chooses not to seek extradition after being told where the person is.
• The defendant has died or has a permanent disability, such as illness or detention by military or civil authorities, without the bail agent's connivance.
• The case was dismissed, or no complaint was filed within 15 days of arraignment, before the forfeiture was declared. The court's jurisdiction to declare forfeiture may be extended up to 90 days if the prosecutor or defendant asks.

There is also the middle path. Under section 1305(c)(4), instead of exonerating the bond the court may reinstate the bail and release the defendant on the same bond, if the bail agent got notice of the reinstatement first and has not surrendered the defendant. We cover this in bond reinstatement in California.

Temporary problems and extra time

A short illness or a jail stay elsewhere does not have to end the matter. Section 1305(e) tolls the 180 day period during a temporary disability, such as illness, insanity or detention by military or civil authorities, if the court is satisfied the person cannot appear, and the absence is without the bail agent's connivance. The tolling can run a reasonable time after the disability ends so the person can come back.

Where the clock is about to expire and the defendant is still being sought, the surety insurer, bail agent, surety or depositor can file a motion for good cause under Penal Code section 1305.4 to extend the 180 days. A motion filed on time may be heard within 30 days after the period ends, and the movant must give the prosecutor 10 court days written notice. See extending the forfeiture period under PC 1305.4.

Another provision, section 1305.6, lets the court in its discretion vacate a forfeiture even after 180 days if the person was arrested on the same case in the same county within the 180 days and stayed in continuous custody until the court appearance.

Summary judgment and what it costs

If the 180 days pass without a set aside, section 1306 requires the court to enter summary judgment against each bondsman named on the bond. The judgment equals the bond amount plus costs, with no penalty assessments. The court has only 90 days after the date summary judgment may first be entered to do so. If the court does not, the right to enter it expires and the bail is exonerated.

After judgment, the district attorney or county counsel must demand payment within 30 days after the judgment becomes final. If it stays unpaid for 20 days after the demand, they enforce it like any money judgment. The right to enforce a summary judgment expires two years after entry.

Two more rules to know. A dismissal of the case after the defendant failed to appear does not release the bond. And if the court grants relief from the forfeiture, it must impose a monetary payment as a condition, reflecting the actual cost of returning the defendant to custody, unless the court finds the interest of justice calls for no costs. Section 1305.2 covers assessment notices.

What happens to the bond and the collateral

This is the part families fear most, so let us be direct.

The co-signer, also called the indemnitor, signs an agreement to answer for the bond. If a judgment lands on the surety, the surety looks to the indemnitor and any collateral under that agreement. California bail rules also let a bail licensee charge certain actual and reasonable expenses caused by a breach, including expenses within the 180 days after a forfeiture that is not set aside. Those are set by regulation 10 CCR 2081, and we explain them up front in the paperwork.

If the defendant returns and the forfeiture is set aside, the bond is exonerated and collateral is returned in the ordinary way once the bond is released. Read how that works in is bail money returned in California. If the premium has been paid, it is generally earned and not refunded, so a missed date can cost money even when everything ends well. Our guide on co-signer responsibilities lists what a co-signer promises.

Early action usually costs the least. Most costs pile up during months of waiting.

What to do the same day

1. Call the bail agent. At Jane Un Bail Bonds you can call (213) 725-2815 at any hour.
2. Call the defense lawyer or the public defender and ask whether the court will recall the warrant or put the case back on calendar.
3. Gather proof of why the date was missed, such as hospital records, a jail release slip or a wrong date notice.
4. Plan a safe return to court. A voluntary return is far better than being picked up.
5. If the person is out of the area or in custody somewhere else, tell us right away so the 180 day clock and the county rules can be handled correctly.

We know a missed date is scary. We do not scold people on this call. We ask what happened and we start planning the fix. Jane Un knows this system from the inside and she believes people deserve a clear way back.

A word on cost. We ask for 1% of the bail down on approved credit, and the rest of the premium is paid on a monthly plan. The premium itself is 10% of the bail, the rate on file with the California Department of Insurance, or 8% if a private attorney is retained or the defendant or co-signer is a veteran. Approval is required. See how it works on our 1% down page and compare it in 1% down vs 10% bail.

Jane Un Bail Bonds is licensed by the California Department of Insurance (License #1843448). Call (213) 725-2815 any hour, or start the short online application. Our Los Angeles office is at 900 Avila St Suite 101, a short walk from the downtown jails, and the jail pages show where people are held.

We are bail agents, not lawyers, and this page is general information and not legal advice. For advice about a specific case, speak with your lawyer or the public defender. Free help is listed in our resources directory.