{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-1332","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-1332","heading":"Forfeiture procedure","body":"A. If there is a breach of an undertaking, the court before\n\nwhich the cause is pending shall issue, within ten (10) days, an\n\narrest warrant for the defendant and declare the undertaking and any\n\nmoney, property, or securities that have been deposited as bail,\n\nforfeited on the day the defendant failed to appear. Within fifteen\n\n(15) days from the date of the forfeiture, the order and judgment of\n\nforfeiture shall be filed with the clerk of the trial court.\n\nFailure to timely issue the arrest warrant or file the order and\n\njudgment of forfeiture as provided in this subsection shall\n\nexonerate the bond by operation of law. In the event of the\n\nforfeiture of a bail bond the clerk of the trial court shall, within\n\nthirty (30) days after the order and judgment of forfeiture is filed\n\nin the court, by mail with return receipt requested, mail a true and\n\ncorrect copy of the order and judgment of forfeiture to the\n\nbondsman, and if applicable, the insurer, whose risk it is, and keep\n\nat least one copy of the order and judgment of forfeiture on file;\n\nprovided, the clerk shall not be required to mail the order and\n\njudgment of forfeiture to the bondsman or insurer if, within fifteen\n\n(15) days from the date of forfeiture, the defendant is returned to\n\ncustody, the bond is reinstated by the court with the bondsman’s\n\napproval, or the order of forfeiture is vacated or set aside by the\n\ncourt. Failure of the clerk of the trial court to comply with the\n\nthirty-day notice provision in this subsection shall exonerate the\n\nbond by operation of law.\n\nB. The order and judgment of forfeiture shall be on forms\n\nprescribed by the Administrative Director of the Courts.\n\nC. 1. The bail bondsman shall have ninety (90) days from\n\nreceipt of the order and judgment of forfeiture from the court clerk\n\nor mailing of the notice if no receipt is made to return the\n\ndefendant to custody.\n\n2. The bondsman may contract with a licensed bail enforcer\n\npursuant to the Bail Enforcement and Licensing Act to recover and\n\nreturn the defendant to custody within the ninety-day period, or as\n\nagreed, or notwithstanding the Bail Enforcement and Licensing Act if\n\nthe bondsman is duly appointed in this state by an insurer operating\n\nin this state, the bondsman may seek the assistance of another\n\nlicensed bondsman in this state who is appointed by the same\n\ninsurer.\n\n3. When the court record indicates that the defendant is\n\nreturned to custody in the jurisdiction where forfeiture occurred,\n\nwithin the ninety-day period, the court clerk shall enter minutes\n\nvacating the forfeiture and exonerating the bond. If the defendant\n\nhas been timely returned to custody, but this fact is not reflected\n\nby the court record, the court shall vacate the forfeiture and\n\nexonerate the bond.\n\n4. For the purposes of this section, “return to custody” means:\n\na. the return of the defendant to the appropriate\n\nOklahoma law enforcement agency by the bondsman,\n\nb. an appearance of the defendant in open court in the\n\ncourt where charged,\n\nc. arrest or incarceration within this state of the\n\ndefendant by law enforcement personnel, provided the\n\nbondsman has requested that a hold be placed on the\n\ndefendant in the jurisdiction wherein the forfeiture\n\nlies and has guaranteed reasonable travel expenses for\n\nthe return of the defendant, or\n\nd. arrest or incarceration of the defendant in any other\n\njurisdiction, provided the bondsman has requested that\n\na hold be placed on the defendant in the jurisdiction\n\nwherein the forfeiture lies and has guaranteed\n\nreasonable travel expenses for the return of the\n\ndefendant.\n\n5. In addition to the provisions set forth in paragraphs 3 and\n\n4 of this subsection, the bond shall be exonerated by operation of\n\nlaw in any case in which:\n\na. the bondsman has requested in writing of the sheriff’s\npations Page 1044\n\na hold be placed on the defendant in the jurisdiction\n\nwherein the forfeiture lies and has guaranteed\n\nreasonable travel expenses for the return of the\n\ndefendant.\n\n5. In addition to the provisions set forth in paragraphs 3 and\n\n4 of this subsection, the bond shall be exonerated by operation of\n\nlaw in any case in which:\n\na. the bondsman has requested in writing of the sheriff’s\n\ndepartment in the county where the forfeiture occurred\n\nthat the defendant be entered into the computerized\n\nrecords of the National Crime Information Center\n\n(NCIC), and the request has not been honored within\n\nfourteen (14) business days of the receipt of the\n\nwritten request by the department,\n\nb. the defendant has been arrested outside of this state\n\nand the court record shows the prosecuting attorney\n\nhas declined to proceed with extradition,\n\nc. the defendant’s bondsman or insurer has requested in\n\nwriting of the prosecuting attorney to file felony\n\nbond jumping charges against the defendant when the\n\ndefendant fails to surrender within thirty (30) days\n\nfrom failing to appear in court and the prosecuting\n\nattorney has not filed such charges within thirty (30)\n\nbusiness days of the receipt of the written request,\n\nor\n\nd. the warrant issued by the court has not been entered\n\ninto an active warrant database available to law\n\nenforcement within five (5) business days after its\n\nissued date.\n\n6. The court may, in its discretion, vacate the order of\n\nforfeiture and exonerate the bond where good cause has been shown\n\nfor:\n\na. the defendant’s failure to appear, or\n\nb. the bondsman’s failure to return the defendant to\n\ncustody within ninety (90) days.\n\n7. When a bondsman or insurer (“requestor”) has guaranteed\n\ntravel expenses to return a defendant to custody:\n\na. the law enforcement agency that placed the hold shall\n\npromptly advise the requestor of a hit confirmation,\n\nb. prior to transporting the defendant, the law\n\nenforcement agency that placed the hold shall provide\n\nthe requestor a good faith estimate of the reasonable\n\nreturn expenses to return the defendant to custody.\n\nThe requestor may request to decline to pay travel\n\nexpenses, and the law enforcement agency may release\n\nits hold and the defendant shall not be considered\n\nreturned to custody. If the law enforcement agency\n\ncannot contact the requestor, the requestor’s\n\nguarantee of travel expenses shall be honored by the\n\nrequestor, and\n\nc. a requestor may request to withdraw their NCIC request\n\nany time prior to a defendant’s arrest.\n\nD. 1. If, within ninety (90) days from receipt of the order\n\nand judgment of forfeiture from the court clerk, or mailing of the\n\nnotice if no receipt is made, the defendant is not returned to\n\ncustody, or the forfeiture has not been stayed, the bondsman and, if\n\napplicable, the insurer whose risk it is shall deposit cash or other\n\nvaluable securities in the face amount of the bond with the court\n\nclerk ninety-one (91) days from receipt of the order and judgment of\n\nforfeiture from the court clerk, or mailing of the notice if no\n\nreceipt is made; provided, this provision shall not apply if the\n\ndefendant has been returned to custody within the ninety-day period\n\nand the court has failed to vacate the forfeiture pursuant to\n\nparagraphs 3 through 6 of subsection C of this section.\n\n2. After the order and judgment has been paid within ninety-one\nand judgment of\n\nforfeiture from the court clerk, or mailing of the notice if no\n\nreceipt is made; provided, this provision shall not apply if the\n\ndefendant has been returned to custody within the ninety-day period\n\nand the court has failed to vacate the forfeiture pursuant to\n\nparagraphs 3 through 6 of subsection C of this section.\n\n2. After the order and judgment has been paid within ninety-one\n\n(91) days from receipt of the order and judgment of forfeiture from\n\nthe court clerk, or mailing of the notice if no receipt is made, as\n\nrequired in paragraph 1 of this subsection, the bondsman and, if\n\napplicable, the insurer whose risk it is shall have one (1) year\n\nfrom the date payment is due to return the defendant to custody as\n\ndefined by paragraph 4 of subsection C of this section. In the\n\nevent the defendant is returned to custody and all expenses for the\n\ndefendant’s return have been guaranteed by the bondsman or insurer,\n\nthe bondsman’s or insurer’s property shall be returned; provided,\n\nthe request for remitter be made by motion filed within one (1) year\n\nfrom the date payment is due.\n\n3. If the additional cash or securities are not deposited with\n\nthe court clerk on or before the ninety-first day after the date of\n\nservice of the order and judgment of forfeiture from the court\n\nclerk, or mailing of the notice if no receipt is made, then the\n\ncourt clerk shall notify the Insurance Commissioner by sending a\n\ncertified copy of the order and judgment of forfeiture and proof\n\nthat the bondsman and, if applicable, the insurer have been notified\n\nby mail with return receipt requested.\n\n4. The Insurance Commissioner shall:\n\na. in the case of a surety bondsman, immediately cancel\n\nthe license privilege and authorization of the insurer\n\nto do business within the State of Oklahoma and cancel\n\nthe appointment of all surety bondsman agents of the\n\ninsurer who are licensed by Section 1301 et seq. of\n\nthis title, and\n\nb. in the case of a professional bondsman, withdraw the\n\nface amount of the forfeiture from the deposit\n\nprovided in Section 1306 of this title. The\n\nCommissioner shall then immediately direct the\n\nprofessional bondsman, by mail with return receipt\n\nrequested, to make additional deposits to bring the\n\noriginal deposit to the required level. Should the\n\nprofessional bondsman, after being notified, fail to\n\nmake an additional deposit within ten (10) days from\n\nthe receipt of notice, or mailing of notice if no\n\nreceipt is made, the license shall be revoked and all\n\nsums presently on deposit shall be held by the\n\nCommissioner to secure the face amounts of bonds\n\noutstanding. Upon release of the bonds, any amount of\n\ndeposit in excess of the bonds shall be returned to\n\nthe bondsman; provided, the bail bondsman shall have\n\nhad notice as required by the court, at the place of\n\nthe bondsman’s business, of the trial or hearing of\n\nthe defendant named in the bond. The notice shall\n\nhave been at least ten (10) days before the required\n\nappearance of the defendant, unless the appearance is\n\nscheduled at the time of execution of the bond.\n\nNotwithstanding the foregoing, the bondsman shall be\n\ndeemed to have had notice of the trial or hearing if\n\nthe defendant named in the bond shall have been\n\nrecognized back in open court to appear at a date\n\ncertain for the trial or hearing.\n\n5. If the actions of any bail bondsman force the Insurance\n\nCommissioner to withdraw monies, deposited pursuant to Section 1306\n\nof this title, to pay past-due executions more than two (2) times in\n\na consecutive twelve-month period, then the license of the\n\nprofessional bondsman shall, in addition to other penalties, be\n\nsuspended automatically for one (1) year or until a deposit equal to\n\nall outstanding forfeitures due is made. The deposit shall be\n\nmaintained until the Commissioner deems it feasible to reduce the\n\ndeposit. In no case shall an increased deposit exceed two (2) years\nmes in\n\na consecutive twelve-month period, then the license of the\n\nprofessional bondsman shall, in addition to other penalties, be\n\nsuspended automatically for one (1) year or until a deposit equal to\n\nall outstanding forfeitures due is made. The deposit shall be\n\nmaintained until the Commissioner deems it feasible to reduce the\n\ndeposit. In no case shall an increased deposit exceed two (2) years\n\nunless there is a recurrence of withdrawals as stated herein.\n\nE. 1. If the defendant’s failure to appear was the result of\n\nthe defendant’s death or of being in the custody of a court other\n\nthan the court in which the appearance was scheduled, forfeiture\n\nshall not lie. Upon proof to the court that the bondsman paid the\n\norder and judgment of forfeiture without knowledge that the\n\ndefendant was deceased or in custody of another court on the day the\n\ndefendant was due to appear, and all expenses for the defendant’s\n\nreturn have been paid by the bondsman, the bondsman’s property shall\n\nbe returned.\n\n2. Where the defendant is in the custody of another court, the\n\ndistrict attorney or municipal attorney shall direct a hold order to\n\nthe official, judge, court or law enforcement agent wherein the\n\ndefendant is in custody; provided, that all expenses accrued as a\n\nresult of returning the custody of the defendant shall be borne by\n\nthe bondsman.\n\nF. The district attorney or municipal attorney shall not\n\nreceive any bonuses or other monies or property for or by reason of\n\nservices or actions in connection with or collection of bond\n\nforfeitures under the provisions of Section 1301 et seq. of this\n\ntitle, except that the court may award a reasonable attorney fee in\n\nfavor of the prevailing party for legal services in any civil action\n\nor proceeding to collect upon a judgment of forfeiture.\n\nG. The above procedures shall be subject to the bondsman’s\n\nrights of appeal. The bondsman or insurer may appeal an order and\n\njudgment of forfeiture pursuant to the procedures for appeal set\n\nforth in Section 951 et seq. of Title 12 of the Oklahoma Statutes.\n\nTo stay the execution of the order and judgment of forfeiture, the\n\nbondsman or insurer shall comply with the provisions set forth in\n\nSection 990.4 of Title 12 of the Oklahoma Statutes.\n\nH. For municipal courts of record, the above procedures are\n\ncriminal in nature and ancillary to the criminal procedures before\n\nthe trial court and shall be subject to the bondsman’s right of\n\nappeal. The bondsman or insurer may appeal an order and judgment of\n\nforfeiture by the municipal courts of record to the Court of\n\nCriminal Appeals.\n\nI. Upon a motion to the court, any person executing a bail bond\n\nas principal or as surety shall be exonerated after three (3) years\n\nhave elapsed from the posting of the bond, unless a judgment has\n\nbeen entered against the surety or the principal for the forfeiture\n\nof the bond, or unless the court grants an extension of the three-\n\nyear time period for good cause shown, upon motion by the\n\nprosecuting attorney.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"eead0183f8060574b57d995119f4f891d9cdfb0e5395987d8f2b699f202c68e1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-1331","next":"us-ok/okla.-stat.-tit.-59-59-1332.1"},"notice":"GroundRules: Original legal text. Not legal advice."}