Bond Forfeiture Notice
Bond Forfeiture After a Failure to Appear
A bond forfeiture is entered when a defendant released on a bail bond fails to appear as required. The notice contains important dates, including when the forfeiture may become a final judgment if it is not properly set aside.
Raleigh Bail Bonds can help clients understand the bond-company side of the situation and review available bond information, but the court controls the forfeiture and any set-aside order.
Do You Have an AOC-CR-213 Bond Forfeiture Notice?
Locate these key fields on the notice. The final-judgment date is especially important.
Do not rely only on a text message, verbal statement, or screenshot showing an FTA. The actual forfeiture notice and current court record should be reviewed.
What Does Bond Forfeiture Mean?
When a defendant released on a bail bond fails to appear as required, the court must enter forfeiture for the amount of the bond against the defendant and each surety on the bond. This begins a statutory court process.
It does not necessarily mean:
- The full amount has already been collected
- Final judgment has already been entered
- The collateral has automatically been transferred
- The cosigner has no remaining options
- The criminal case has been resolved
The Next Questions
- Was proper notice given?
- What is the final-judgment date?
- Does one of the statutory set-aside grounds apply?
- Is Finding 6 involved?
- Has a motion already been filed?
- Has the forfeiture already become a final judgment?
Which Situation Applies?
Choose the situation that best matches what is happening right now. Each option explains what the status generally means and the next practical step.
The Defendant Missed Court Today
The court may enter forfeiture. Notice will be mailed to the defendant and each surety. The 150-day period begins from the date notice is given.
We Received a Forfeiture Notice
Locate the final-judgment date on AOC-CR-213. Determine whether a statutory set-aside ground applies and whether a motion must be filed.
We Do Not Know the Final-Judgment Date
The final-judgment date appears on AOC-CR-213. If the notice is missing, contact the bondsman and the clerk to obtain the current record.
The FTA Was Stricken and the Order for Arrest Was Recalled
If the court struck the FTA and recalled the Order for Arrest, the court must also set aside the forfeiture. Obtain the official court order.
The Defendant Was Served with the Order for Arrest
Service of the Order for Arrest may be a statutory set-aside ground for an ordinary forfeiture. Obtain the official court record showing service.
The Defendant Surrendered to a North Carolina Sheriff
Surrender by the surety under G.S. 15A-540 may be a statutory set-aside ground when supported by the required sheriff's receipt.
The Defendant Was Already Incarcerated
Incarceration may qualify under one of two statutory grounds, but specific notice and documentation requirements apply. Timing of the district-attorney notice matters.
The Criminal Charges Were Dismissed or Otherwise Resolved
Final disposition of all charges secured by the bond may be a statutory ground, except a dismissal with leave. Every charge covered by the bond must be reviewed.
The Court Refused to Issue an Order for Arrest
If the court refused to issue an Order for Arrest for the FTA, that may be a statutory set-aside ground. Obtain the official court record.
The Notice Was Mailed Late
If notice was not provided within the time required by G.S. 15A-544.4(e), a motion based on late notice has its own shorter filing deadline.
Finding 6 Was Checked
When the surety had actual notice of two or more prior FTAs before executing the bond, ordinary set-aside relief under G.S. 15A-544.5 is prohibited.
This Was Called a C Bond
“C Bond” is industry shorthand for a bond with Finding 6 checked. The ordinary nine set-aside grounds are unavailable when subsection (f) applies.
A Motion to Set Aside Has Already Been Filed
If a qualifying motion remains pending, the forfeiture may not become a final judgment on the 150th day. Confirm whether an objection was entered.
The District Attorney or School-Board Attorney Objected
An objection may result in a hearing. The court decides whether the statutory ground was established.
The Final-Judgment Date Has Passed
If no order set aside the forfeiture and no motion remains pending, the forfeiture may have become a final judgment. Relief from final judgment is governed by a separate statute.
We Are Worried About Collateral
Collateral is governed by the written agreement and North Carolina law. Returnable collateral is returned after final termination of liability, not merely after release or a set-aside.
I Am the Cosigner or Indemnitor
Review the indemnity agreement, the collateral receipt, and whether Finding 6 was checked. Do not ignore a notice because the defendant says the court date was reset.
Information to Gather
- Defendant's full legal name
- Date of birth
- County
- Court file number
- Original charge or charges
- Original bond amount
- Original bond date
- Name of surety or insurer
- Name of bail agent
- Failure-to-appear date
- Date notice was mailed
- Final-judgment date
- Copy of both sides of AOC-CR-213
- Current Order for Arrest status
- Proof of service of the Order for Arrest, if applicable
- Sheriff's surrender receipt, if applicable
- Official documentation of incarceration, if applicable
- Official disposition of all bonded charges
- Death certificate, if applicable
- Court record showing that the FTA was stricken
- Court record showing that the Order for Arrest was recalled
- Current AOC-CR-200 release order
- Whether Finding 6 was checked
- Any existing motion or objection
- Cosigner and collateral agreement
- Collateral receipt
- Attorney contact information
Each statutory ground requires the type of evidence specified by current law. A written personal explanation alone is not sufficient. For the broader missed-court context, see the complete Failure to Appear guide.
Read Your Forfeiture Notice
An annotated guide to the key fields on AOC-CR-213 Bond Forfeiture Notice.
Failure-to-Appear Date
The date the defendant failed to appear and the court entered the forfeiture.
Date Issued
The date displayed on the notice or forfeiture order as applicable.
Date Notice Given
The date notice was mailed. Notice is effective when mailed.
Final-Judgment Date
The date on which the forfeiture may become a final judgment if it has not been set aside and no qualifying motion remains pending.
Amount of Bond
The full appearance-bond amount subject to forfeiture.
Surety
The person or company legally obligated on the court bond.
Bail Agent or Runner
The licensed person associated with execution of the commercial bond.
Do not calculate the final-judgment date independently when the current official notice already displays it. If dates conflict or appear incorrect, contact the attorney, clerk, or qualified legal counsel rather than attempting to resolve the discrepancy.
Forfeiture Timeline
G.S. 15A-544.4 presently requires notice to be mailed no later than the 30th day after the FTA and call-and-fail order. The ordinary 150-day calculation runs from the date notice was given, not necessarily from the missed court date. Do not call the entire 150-day period a guaranteed “grace period.” The defendant and surety still must comply with the statute, documentation requirements, filing deadlines, and any hearing process.
What Can Set Aside a Forfeiture?
A forfeiture may be set aside only for a reason listed in G.S. 15A-544.5(b), subject to the Finding 6 exception.
1. The FTA was set aside and the related Order for Arrest was recalled.
Required proof: An official court record.
2. All charges secured by the bond were finally disposed of, other than a dismissal with leave.
Required proof: An official court record.
3. The defendant was surrendered by the surety as provided by G.S. 15A-540.
Required proof: The sheriff's receipt or current required surrender documentation.
4. The defendant was served with the Order for Arrest for the FTA in the criminal case secured by the bond.
Required proof: An official court record, including an authorized electronic record.
5. The defendant died before or during the period between forfeiture and final judgment.
Required proof: A death certificate.
6. At the time of the FTA, the defendant was serving a sentence in a qualifying North Carolina Division of Prisons facility or qualifying federal prison within North Carolina.
Required proof: The official record or document required by the statute.
7. The defendant was incarcerated in a local, state, or federal facility in the United States at the time of the FTA or before the final-judgment date, and all statutory notice and continued-incarceration requirements were satisfied.
Required proof: The district attorney must be notified while the defendant is still incarcerated. The defendant must remain incarcerated for the statutory period following receipt of notice. The statute requires specific written proof. Timing matters.
8. Notice of forfeiture was not provided within the time required by G.S. 15A-544.4(e).
Required proof: A motion based on this ground currently has its own shorter filing deadline.
9. The court refused to issue an Order for Arrest for the FTA.
Required proof: An official court record.
- These are the statutory grounds
- The court will not set aside a forfeiture for an unrelated reason
- The required evidence must accompany the motion
- Finding 6 may prohibit ordinary set-aside relief even when one of these events occurs
Deadlines for a Motion to Set Aside
Late-Notice ground
A motion based on the late-notice ground under G.S. 15A-544.5(b)(8) must currently be filed within 30 days after the date notice was given.
Other statutory grounds
A motion may currently be filed before expiration of 150 days after the date notice was given.
- The controlling notice date appears on AOC-CR-213
- Filing at the last moment creates serious risk
- A motion must contain the reason and required evidence
- The procedure includes filing and service requirements
- This page does not calculate or extend a legal deadline
- Anyone uncertain about a deadline should contact qualified legal counsel promptly
When the FTA Is Stricken and the Order for Arrest Is Recalled
Under G.S. 15A-544.5(c), if the court that required the appearance strikes the defendant's FTA and recalls any Order for Arrest issued for that FTA, the court must simultaneously enter an order setting aside the forfeiture.
- The court controls both actions
- Receiving a new court date alone does not prove that both actions occurred
- An official court record should be obtained
- The appearance bond continues to secure future appearances unless the court orders otherwise
- A bondsman cannot strike the FTA or recall the Order for Arrest
Wake County provides a local form used to request that the court strike called-and-failed, recall the Order for Arrest, and reset the case. Filing the form does not guarantee approval.
Wake County Form WAKE-CR-01Motion and Objection Procedure
A written motion may be made by an authorized party named in the statute, including:
- The defendant
- A surety
- A professional bondsman or qualifying runner
- A bail agent acting for an insurance company
The motion must:
- State the statutory reason
- Include the required supporting evidence
- Be filed with the clerk of superior court in the county where forfeiture was entered
- Be served as required on the district attorney
- Be served as required on the attorney for the county board of education
- The district attorney or school-board attorney may object
- If an objection is filed, a hearing may be scheduled
- The court decides whether the statutory ground was established
- Only the allowed number of motions may be considered under current law
- False, missing, unsigned, or fraudulent documentation can create serious consequences
Raleigh Bail Bonds does not prepare or submit a motion for the visitor and does not act as the visitor's legal counsel.
Does Arrest or Surrender Fix the Forfeiture?
For an ordinary forfeiture not barred by Finding 6:
Service of the Order for Arrest
May be a statutory set-aside ground when supported by the required official record.
Surrender by the surety
Under G.S. 15A-540 may be a statutory set-aside ground when supported by the required sheriff's receipt.
- Arrest alone should not be assumed sufficient without verifying that the applicable Order for Arrest was served
- Voluntary arrival at a jail is not automatically the same as statutory surrender by the surety
- The correct documentation matters
- A motion or court order may still be necessary
- The final-judgment date remains important
- Finding 6 can prohibit ordinary set-aside relief
Locating the defendant does not automatically save the bond.
Does a New Court Date Fix the Forfeiture?
A new court date by itself does not automatically set aside the forfeiture.
The visitor should verify separately:
- Whether the FTA was stricken
- Whether the Order for Arrest was recalled
- Whether the forfeiture was set aside
- Whether a motion is pending
- Whether the final-judgment date has passed
- Whether Finding 6 applies
- Whether another forfeiture or bond remains active
Do not describe a reset court date as proof that the financial court process is resolved.
What If the Charges Were Dismissed?
Final disposition of all charges secured by the bond may be a statutory ground, except when the State takes a dismissal with leave.
- Every charge covered by the bond must be reviewed
- A dismissal with leave is treated differently
- One resolved charge may not be enough when the bond secures several cases
- The official court disposition must be obtained
- Finding 6 may still prohibit ordinary set-aside relief
What If the Defendant Was Already in Jail?
Serving a Qualifying Sentence
Serving a sentence in a qualifying North Carolina Division of Prisons facility or qualifying federal prison within North Carolina at the time of the FTA. The specific official-record requirement applies.
Incarcerated in Another Facility
Incarcerated in a local, state, or federal facility anywhere in the United States at the time of the FTA or before final judgment. Additional requirements apply, including timely notification to the district attorney while the person remains incarcerated and the statutory continued-incarceration period.
- Simply learning later that the defendant was in custody may not satisfy every requirement
- Jail-roster screenshots may not be sufficient
- The exact statutory evidence matters
- Timing of the district-attorney notice matters
- Finding 6 may still prohibit ordinary set-aside relief
Finding 6 Changes the Ordinary Set-Aside Rules
“This was the defendant's second or subsequent failure to appear in this case.”
— Finding 6, AOC-CR-200
- Bail agents commonly call a new bond with Finding 6 checked a C Bond
- “C Bond” is industry terminology
- It is not the official name of a court bond category
- Finding 6 gives the surety or bail agent official notice of two or more prior FTAs in that same case
Under G.S. 15A-544.5(f):
When the surety or bail agent had actual notice before executing the bond that the defendant had already failed to appear on two or more prior occasions in that case, no forfeiture of that bond may be set aside through the ordinary G.S. 15A-544.5 process.
- The ordinary nine set-aside grounds are unavailable when subsection (f) applies
- Getting a new court date does not restore the ordinary remedies
- Service of the Order for Arrest does not create the ordinary set-aside right
- Surrender does not create the ordinary set-aside right
- Dismissal does not create the ordinary set-aside right
- The court's forfeiture, notice, and final-judgment procedures still apply
- Separate relief from a final judgment is governed by a different statute and is narrow
Raleigh Bail Bonds' C Bond Policy
- Raleigh Bail Bonds may review and approve a C Bond
- Approval is not guaranteed
- An approved C Bond requires cash collateral equal to 100% of the court-ordered secured bond amount
- The applicable premium is separate from the collateral
- The policy exists because ordinary forfeiture set-aside relief is unavailable when Finding 6 and G.S. 15A-544.5(f) apply
- Every written agreement must be reviewed before funds are submitted
Example: $10,000 Approved C Bond
- Required cash collateral: $10,000
- Applicable premium: separate
- Final approval: required
The 100% cash-collateral requirement is Raleigh Bail Bonds' underwriting policy. It is not North Carolina law, not a Wake County court requirement, not a policy followed by every bondsman, and not the same as a cash bond paid directly to the court.
When Forfeiture Becomes Final Judgment
Under G.S. 15A-544.6, a forfeiture becomes a final judgment on the 150th day after notice is given when:
- No order setting it aside was entered by that date, and
- No motion to set it aside remains pending on that date
This occurs without an additional court action being required under the statute. If an objection hearing results in denial, the final-judgment timing may be governed by the later date specified in the current statute and court order. Do not calculate a visitor's final-judgment date—refer to the date displayed on the current official notice and record.
What Happens After Final Judgment?
Under G.S. 15A-544.7, a final judgment may:
- Be docketed as a civil judgment against the defendant and each surety named
- Become a lien on real property as provided by law
- Be enforced through execution
- Be reported to the North Carolina Department of Insurance when required
- Restrict the surety from executing additional bonds until the judgment is satisfied
- Prevent a licensed professional bail bondsman, bail agent, or runner connected with the bond from signing bonds statewide until the judgment is satisfied, as provided by the statute
Court Judgment
Entered against the defendant and surety named on the bond.
Cosigner or Indemnitor Liability
May arise separately through the written indemnity and collateral agreement.
Not every family member is automatically part of the court judgment.
Relief From Final Judgment
Under G.S. 15A-544.8, the court may consider relief only for the reasons allowed by the statute, including:
- Lack of required notice, subject to the statute's limitations
- Other extraordinary circumstances that the court, in its discretion, determines justify relief
- A motion may currently be filed within three years after the judgment became final
- Only one motion per party may be considered under the statute
- Relief is discretionary
- Extraordinary circumstances are not guaranteed
- This is not a routine extension of the 150-day set-aside period
- Raleigh Bail Bonds does not promise that final-judgment relief is available
- Qualified legal counsel should evaluate this issue
Do not use final-judgment relief to minimize C Bond risk.
Premium, Collateral, and Forfeiture
Premium
- The fee paid for the commercial bail bond service
- Separate from the bond amount
- Separate from collateral
- Not itself the court's forfeiture payment
Collateral
- Money or property securing the bond company's exposure
- Governed by the written collateral agreement
- Must be documented and handled under North Carolina law
- May be affected when the bond company suffers loss or remains exposed
Court Forfeiture
- A court process involving the bond amount
- Entered against the defendant and surety
- May become a final civil judgment
Cosigner Obligation
- Arises under the signed commercial agreement
- May include reimbursement obligations
- Must be explained through the actual written contract
Setting aside the court forfeiture does not automatically create a premium refund. Collateral is not automatically released immediately after a set-aside. The bond company must verify its liability has formally terminated and that contractual obligations have been resolved.
What Happens to Collateral?
When collateral is accepted:
- A detailed written receipt must be provided
- Collateral must be held and maintained in trust
- Cash, checks, and negotiable instruments must be deposited into the required separate North Carolina trust account
- Collateral funds must not be mixed with ordinary operating funds
- Collateral must be reasonable in relation to the bond
- Returnable collateral must be returned within the current statutory period after final termination of liability on the bond
Final termination of liability is not necessarily the same date as:
- The defendant's release from jail
- The next court appearance
- Entry of the FTA
- Service of the Order for Arrest
- Dismissal of one charge
- Setting a new court date
- The defendant's rearrest
Raleigh Bail Bonds must confirm the court and contractual status before returning collateral.
What the Cosigner Should Do
- Obtain the complete forfeiture notice
- Identify the final-judgment date
- Contact the bondsman immediately
- Provide current information about the defendant
- Confirm whether an Order for Arrest exists
- Confirm whether it has been served
- Determine whether Finding 6 was checked
- Review every charge secured by the bond
- Preserve all court and custody records
- Review the indemnity agreement
- Review the collateral receipt
- Do not assume that a new court date resolved the forfeiture
- Keep written records of communications
- Consult qualified counsel when a legal motion, objection, hearing, or final judgment is involved
The cosigner should not ignore a notice because the defendant says the court date was reset.
What Raleigh Bail Bonds Can and Cannot Do
Raleigh Bail Bonds May
- Review the company's bond and indemnity records
- Help identify the bond associated with the notice
- Help verify publicly available custody and bond information
- Explain the commercial agreement
- Explain collateral and cosigner requirements
- Explain whether Finding 6 affected the original approval
- Communicate company expectations to the defendant and cosigner
- Take lawful steps available to the surety
- Provide relevant company documentation
- Confirm whether the company has filed or plans to file an authorized motion
- Explain whether a new bond may be considered after arrest or surrender
Raleigh Bail Bonds Cannot
- Strike the FTA
- Recall the Order for Arrest
- Reset the court date
- Decide whether a statutory ground has been proven
- Guarantee that a motion will be granted
- Represent the visitor as an attorney
- Ignore the final-judgment date
- Change the court record
- Remove a judgment or lien
- Guarantee return of collateral before liability terminates
- Guarantee relief in a C Bond forfeiture
- Guarantee relief from final judgment
What to Do Right Now
For immediate help from a licensed Raleigh bondsman, call with the forfeiture notice and bond information. For the broader county process, see how bail works in Wake County.
- Find the complete AOC-CR-213 notice
- Write down the date notice was given
- Write down the final-judgment date
- Confirm the exact bond and case numbers
- Contact the bondsman listed on the bond
- Check the current Order for Arrest status
- Obtain official documentation of arrest, surrender, incarceration, disposition, or recall when relevant
- Determine whether Finding 6 was checked
- Confirm whether a motion has already been filed
- Confirm whether an objection has been entered
- Review the indemnity and collateral agreements
- Do not rely solely on a verbal promise that the forfeiture was fixed
- Contact qualified legal counsel when court filing, service, hearing, or final-judgment issues are involved
After a Forfeiture Is Set Aside
- Obtain the official order setting aside the forfeiture
- Confirm that the court record reflects the order
- Confirm whether the existing bond continues to secure future appearances
- Confirm the defendant's next court date
- Read any new release conditions
- Keep all contact information current
- Notify the bondsman immediately of changes
- Attend every required appearance
- Do not assume the bond company's liability has ended merely because the forfeiture was set aside
Under G.S. 15A-544.5(c), the original bond may continue securing future appearances unless the court orders otherwise.
Helpful Resources
Failure to Appear
Complete guide to FTAs, Orders for Arrest, new bonds, forfeiture, and second FTAs.
Failure to AppearOrder for Arrest After Missing Court
Check whether an Order for Arrest exists, understand recall requests, and learn when a bondsman may help.
Order for Arrest After Missing CourtBond After Missing Court
Verify the new secured bond, understand what commonly happens in Wake County, and prepare payment or collateral information.
Bond After Missing CourtWhat Is a C Bond?
Understand Finding 6, repeated-FTA forfeiture risk, cosigner responsibilities, and Raleigh Bail Bonds' 100% cash-collateral requirements.
What Is a C Bond?Wake County Bail Process
Complete county-level bond process and release information.
Wake County Bail ProcessWake County Detention Center
Custody, booking, and release information for the Wake County jail.
Wake County Detention CenterBail Bond FAQs
Complete bail bond questions and answers.
Bail Bond FAQsFrequently Asked Questions
Need Help Reading a Forfeiture Notice?
Call Raleigh Bail Bonds with the defendant's full legal name, date of birth, case information, and the name of the person who completed the bond agreement. We can help identify the bond associated with the notice and review the available information.
Last reviewed: August 2026 — Reviewed by a licensed North Carolina bail bondsman.
This page provides general information about bail and pretrial release. It does not provide legal advice or predict the outcome of a particular case.