Full text of Utah Utah Code § 77-20-505 — Forfeiture of a bail bond., with citation guidance and answers to common questions.
§ 77-20-505. Forfeiture of a bail bond.
Effective 11/16/2021
77-20-505.
Forfeiture of a bail bond.
| (1) |
If a surety fails to bring the defendant before the court within the time period described in Section 77-20-502, the prosecuting attorney may request the forfeiture of the bail bond by:
| (a) |
filing a motion for bail bond forfeiture with the court, supported by proof of notice to the surety of the defendant's failure to appear; and |
| (b) |
emailing a copy of the motion to the surety. |
|
| (2) |
A court shall enter judgment of bail bond forfeiture without further notice if the court finds, by a preponderance of the evidence:
| (a) |
the defendant failed to appear as required; |
| (b) |
the surety was given notice of the defendant's failure to appear in accordance with Section 77-20-501; |
| (c) |
the surety failed to bring the defendant to the court within the 180-day time period under Section 77-20-502; and |
| (d) |
the prosecuting attorney has complied with the notice requirements under Subsection (1). |
|
| (3) |
If the surety shows, by a preponderance of the evidence, that the surety has failed to bring the defendant before the court because the defendant is deceased through no act of the surety, the court may not enter judgment of bail bond forfeiture and the bail bond is exonerated. |
| (4) |
| (a) |
The amount of bail forfeited is the face amount of the bail bond, but if the defendant is in the custody of another jurisdiction and the state extradites or intends to extradite the defendant, the court may reduce the amount forfeited to the actual or estimated costs of returning the defendant to the court's jurisdiction. |
| (b) |
A judgment under Subsection (5) shall:
| (i) |
identify the surety against whom judgment is granted; |
| (ii) |
specify the amount of monetary bail forfeited; |
| (iii) |
grant the forfeiture of the bail bond; and |
| (iv) |
be docketed by the clerk of the court in the civil judgment docket. |
|
|
| (5) |
A prosecuting attorney may immediately commence collection proceedings to execute a judgment of bail bond forfeiture against the assets of the surety. |
Renumbered and Amended by Chapter
4, 2021 Special Session 2
Frequently Asked Questions About Utah § 77-20-505
What does Utah Code § 77-20-505 cover?
Section 77-20-505 ("Forfeiture of a bail bond.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 77-20-505?
A common citation format is "Utah Code § 77-20-505" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 77-20-505 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
