If a bond is forfeited by the court, which statement best describes the consequence?

• A. The court will cancel the bond and release all liability immediately
• B. The court may reduce the forfeiture if the defendant cooperates
• C. The court will require payment of the forfeited amount to the state or appropriate entity, and the bond may pursue collections from indemnitors
• D. The court will automatically exonerate the bond if payment is delayed

Answer: (C)

When a bond is forfeited, the court treats the forfeited amount as a debt owed to the state because the defendant failed to appear or fulfill conditions. The court then requires payment of the forfeited amount to the state or the appropriate entity, and the surety is authorized to pursue collection from the indemnitors (the people who guaranteed the bond) to recoup what was paid. This subrogation means the bond company can seek reimbursement from the indemnitors to recover the loss. Automatic exoneration or cancellation doesn’t occur simply due to delayed payment, and forfeiture isn’t typically reduced merely because the defendant cooperated.