What If My Bail Money was Forfeited?

If the accused does not come to court when required to do so, the judge may order that bail be forfeited, or kept by the city. There is a procedure, called remission of forfeiture, which allows a person who posted bail to apply for it to be returned if it has been forfeited. Some people hire a lawyer to do this, but you can do it on your own if you cannot afford a lawyer. Keep in mind that there is a strict deadline for a remission of forfeiture application, and you must apply within one year of the date that the court ordered the bail forfeited. If the bail was forfeited in Supreme Court (a felony case), the application must be made to the court that issued the forfeiture order. If it happened in Criminal Court (a misdemeanor case), the application is made to a Supreme Court judge in that county. An application for remission of bail must be made in writing, by the person who posted the bail, and it must give a good reason why the court should return the money. These reasons include reasons why the accused did not come to court, such as being hospitalized, being in jail somewhere else, and not being told when to come to court; and the hardship you would face without that money. You can find more information on bail remission at nycourts.gov.

For information about bail bondsmen, see the Bail Bond Consumers’ Bill of Rights, which may be found on the website of the New York City Department of Consumer and Worker Protection (formerly Department of Consumer Affairs).

• How to Post Bail
• Bail Refund Help
• The Bail Lab

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.