Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: When a defendant fails to appear in court, the bail bond is forfeited — meaning the court keeps the money (cash bail) or demands payment from the surety (bail bondsman). The co-signer becomes liable for the full bail amount.
Category: Bail & Bond · Statute: F.S. 903.26 · Source: Florida Legislature
Florida Statute 903.26 — Forfeiture of Bond"If the defendant fails to appear at any of the proceedings at which his or her presence is required... the court shall enter an order of forfeiture."
What Triggers Bond Forfeiture
- Failure to appear (FTA) at any scheduled court date
- Violating bail conditions (e.g., no-contact order, travel restriction)
- Getting arrested on new charges while on bail
The Forfeiture Process
- Court enters an order of forfeiture
- The bail bondsman (surety) receives a 60-day notice to produce the defendant
- If the defendant is located within 60 days, the forfeiture may be set aside
- If not, the surety must pay the full bail amount to the court
- The surety then pursues the defendant and co-signer for reimbursement
Impact on Co-Signers
If you co-signed a bail bond and the defendant fails to appear, you become responsible for the full bail amount — not just the 10% premium. This is why it's critical to only co-sign for someone you trust to make their court dates.