{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-143.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-143.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-143.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-143.html"}],"law_id":65004,"edition_id":1,"section_id":65004,"structure_id":12918,"section_number":"19.2-143","catch_line":"Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond","history":"Code 1950, \u00a7 19.1-137; 1960, c. 366; 1962, c. 499; 1970, c. 371; 1973, c. 409; 1975, c. 495; 1978, c. 755; 1979, c. 735; 1987, c. 670; 1988, c. 443; 1990, c. 624; 2000, c. 885; 2003, c. 840; 2005, c. 585; 2006, cc. 296, 316; 2011, c. 802; 2012, c. 408; 2019, c. 200.","full_text":"When a person, under recognizance in a case, either as party or witness, fails to perform the condition of appearance thereof, if it is to appear before a court of record, or a district court, the court shall record the default therein, and shall issue a notice of default within five days of the breach of the condition of appearance.\n\t\tIf the defendant or juvenile is brought before the court within 150 days of the findings of default, the court shall dismiss the default upon the filing of a motion by the party in default. After 150 days of the finding of default, his default shall be recorded therein, and if it is to appear before a district court, his default shall be entered by the judge of such court, on the case papers unless the defendant or juvenile has been delivered or appeared before the court. The process on any such forfeited recognizance shall be issued from the court before which the appearance was to be, and wherein such forfeiture was recorded or entered. Any such process issued by a judge shall be made returnable before, and tried by, such judge, who shall promptly transmit to the clerk of the circuit court of his county or city wherein deeds are recorded an abstract of such judgment as he may render thereon, which shall be forthwith docketed by the clerk of such court. If the forfeited recognizance is not paid by 4:00 p.m. on the last day of the 150-day period from the finding of default, the license of any bail bondsman on the bond shall be suspended in accordance with \u00a7 9.1-185.8. At such time, the court shall issue a notice to pay within 10 business days to any employer of such bail bondsman if a property bondsman. If the forfeiture is not paid within 10 business days of the notice to pay, licenses of the employer of the bail bondsman and agents thereof shall be suspended in accordance with \u00a7 9.1-185.8.\n\t\tIf the defendant or juvenile appears before or is delivered to the court within 24 months of the findings of default, the court shall remit any bond previously ordered forfeited by the courts, less such costs as the court may direct.\n\t\tIf it is brought to the attention of the court that the defendant or juvenile is incarcerated in another state or country within 48 months of the finding of default, thereby preventing his delivery or appearance within that period, the court shall remit any bond previously ordered forfeited. If the defendant or juvenile left the Commonwealth with the permission of the court, the bond shall be remitted without deduction of costs; otherwise, the cost of returning him to the Commonwealth shall be deducted from the bond.\n\t\tEvidence that the defendant or juvenile is incarcerated or subject to court process in another jurisdiction on the day his appearance is required or a medical certificate from a duly licensed physician that the defendant was physically unable to so appear shall be considered evidence of good cause why the recognizance should not be forfeited.\n\t\tIf such recognizance so forfeited is not for such appearance, process thereon shall be issued from the court in which it was taken, or the court to which it was made returnable, and in a proceeding in one court on a recognizance entered in another a copy thereof shall be evidence in like manner as the original would be if it had been entered in the court wherein the proceeding is being had thereon.\n\t\tHowever, when any defendant or juvenile who posted a cash bond and failed to appear is tried in his absence and is convicted, the court or judge trying the case shall first apply the cash bond, or so much thereof as may be necessary, to the payment of any fines or costs, or both, adjudged against the defendant or juvenile or imposed by law. Any remaining funds shall be forfeited without further notice. However, if a rehearing is granted, the court may remit part or all of such cash bond not applied ultimately to fines or costs, and order a refund of the same by the State Treasurer, or by the treasurer or director of finance of the locality, if the bond was collected by a locality pursuant to \u00a7 19.2-136, but only if good cause is shown.\n\t\tIf the defendant or juvenile posted a cash bond and failed to appear, but is not tried in his absence, the bond shall be forfeited promptly without further notice. However, if the defendant or juvenile appears in court within 60 days after the bond is forfeited, the judge may remit part or all of any bond previously forfeited and order a refund of the same by the State Treasurer, or by the treasurer or director of finance of the locality, if the bond was collected by a locality pursuant to \u00a7 19.2-136.","order_by":null,"text":{"0":{"id":236644,"text":"When a person, under recognizance in a case, either as party or witness, fails to perform the condition of appearance thereof, if it is to appear before a court of record, or a district court, the court shall record the default therein, and shall issue a notice of default within five days of the breach of the condition of appearance.\n\t\tIf the defendant or juvenile is brought before the court within 150 days of the findings of default, the court shall dismiss the default upon the filing of a motion by the party in default. After 150 days of the finding of default, his default shall be recorded therein, and if it is to appear before a district court, his default shall be entered by the judge of such court, on the case papers unless the defendant or juvenile has been delivered or appeared before the court. The process on any such forfeited recognizance shall be issued from the court before which the appearance was to be, and wherein such forfeiture was recorded or entered. Any such process issued by a judge shall be made returnable before, and tried by, such judge, who shall promptly transmit to the clerk of the circuit court of his county or city wherein deeds are recorded an abstract of such judgment as he may render thereon, which shall be forthwith docketed by the clerk of such court. If the forfeited recognizance is not paid by 4:00 p.m. on the last day of the 150-day period from the finding of default, the license of any bail bondsman on the bond shall be suspended in accordance with \u00a7 9.1-185.8. At such time, the court shall issue a notice to pay within 10 business days to any employer of such bail bondsman if a property bondsman. If the forfeiture is not paid within 10 business days of the notice to pay, licenses of the employer of the bail bondsman and agents thereof shall be suspended in accordance with \u00a7 9.1-185.8.\n\t\tIf the defendant or juvenile appears before or is delivered to the court within 24 months of the findings of default, the court shall remit any bond previously ordered forfeited by the courts, less such costs as the court may direct.\n\t\tIf it is brought to the attention of the court that the defendant or juvenile is incarcerated in another state or country within 48 months of the finding of default, thereby preventing his delivery or appearance within that period, the court shall remit any bond previously ordered forfeited. If the defendant or juvenile left the Commonwealth with the permission of the court, the bond shall be remitted without deduction of costs; otherwise, the cost of returning him to the Commonwealth shall be deducted from the bond.\n\t\tEvidence that the defendant or juvenile is incarcerated or subject to court process in another jurisdiction on the day his appearance is required or a medical certificate from a duly licensed physician that the defendant was physically unable to so appear shall be considered evidence of good cause why the recognizance should not be forfeited.\n\t\tIf such recognizance so forfeited is not for such appearance, process thereon shall be issued from the court in which it was taken, or the court to which it was made returnable, and in a proceeding in one court on a recognizance entered in another a copy thereof shall be evidence in like manner as the original would be if it had been entered in the court wherein the proceeding is being had thereon.\n\t\tHowever, when any defendant or juvenile who posted a cash bond and failed to appear is tried in his absence and is convicted, the court or judge trying the case shall first apply the cash bond, or so much thereof as may be necessary, to the payment of any fines or costs, or both, adjudged against the defendant or juvenile or imposed by law. Any remaining funds shall be forfeited without further notice. However, if a rehearing is granted, the court may remit part or all of such cash bond not applied ultimately to fines or costs, and order a refund of the same by the State Treasurer, or by the treasurer or director of finance of the locality, if the bond was collected by a locality pursuant to \u00a7 19.2-136, but only if good cause is shown.\n\t\tIf the defendant or juvenile posted a cash bond and failed to appear, but is not tried in his absence, the bond shall be forfeited promptly without further notice. However, if the defendant or juvenile appears in court within 60 days after the bond is forfeited, the judge may remit part or all of any bond previously forfeited and order a refund of the same by the State Treasurer, or by the treasurer or director of finance of the locality, if the bond was collected by a locality pursuant to \u00a7 19.2-136.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12918,"edition_id":1,"name":"Recognizances","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12917,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":171289,"object_type":"structure","relational_id":12918,"identifier":"2","token":"19.2\/9\/2","url":"\/19.2\/9\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12917,"edition_id":1,"name":"Bail and Recognizances","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":171209,"object_type":"structure","relational_id":12917,"identifier":"9","token":"19.2\/9","url":"\/19.2\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67839,"structure_id":12918,"section_number":"19.2-135","catch_line":"Commitment for trial; recognizance; notice to attorney for Commonwealth; remand on violation of condition","url":"\/19.2-135\/","token":"19.2\/9\/2\/19.2-135","metadata":false},{"id":81134,"structure_id":12918,"section_number":"19.2-136","catch_line":"How bonds in recognizances payable; penalty","url":"\/19.2-136\/","token":"19.2\/9\/2\/19.2-136","metadata":false},{"id":75160,"structure_id":12918,"section_number":"19.2-137","catch_line":"Order of court on recognizance","url":"\/19.2-137\/","token":"19.2\/9\/2\/19.2-137","metadata":false},{"id":80338,"structure_id":12918,"section_number":"19.2-138","catch_line":"Repealed","url":"\/19.2-138\/","token":"19.2\/9\/2\/19.2-138","metadata":false},{"id":76230,"structure_id":12918,"section_number":"19.2-141","catch_line":"How recognizance taken for incapacitated or insane person or one under disability","url":"\/19.2-141\/","token":"19.2\/9\/2\/19.2-141","metadata":false},{"id":56408,"structure_id":12918,"section_number":"19.2-142","catch_line":"Where recognizance taken out of court to be sent","url":"\/19.2-142\/","token":"19.2\/9\/2\/19.2-142","metadata":false},{"id":65004,"structure_id":12918,"section_number":"19.2-143","catch_line":"Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond","url":"\/19.2-143\/","token":"19.2\/9\/2\/19.2-143","metadata":false},{"id":54027,"structure_id":12918,"section_number":"19.2-144","catch_line":"Forfeiture of recognizance while in military or naval service","url":"\/19.2-144\/","token":"19.2\/9\/2\/19.2-144","metadata":false},{"id":60254,"structure_id":12918,"section_number":"19.2-145","catch_line":"How penalty remitted","url":"\/19.2-145\/","token":"19.2\/9\/2\/19.2-145","metadata":false},{"id":76253,"structure_id":12918,"section_number":"19.2-146","catch_line":"Defects in form of recognizance not to defeat action or judgment","url":"\/19.2-146\/","token":"19.2\/9\/2\/19.2-146","metadata":false},{"id":83918,"structure_id":12918,"section_number":"19.2-147","catch_line":"Docketing judgment on forfeited recognizance or bond","url":"\/19.2-147\/","token":"19.2\/9\/2\/19.2-147","metadata":false},{"id":85011,"structure_id":12918,"section_number":"19.2-148","catch_line":"Surety discharged on payment of amount, etc., into court","url":"\/19.2-148\/","token":"19.2\/9\/2\/19.2-148","metadata":false},{"id":83658,"structure_id":12918,"section_number":"19.2-149","catch_line":"How surety on a bond in recognizance may surrender principal and be discharged from liability; deposit for surrender of principal","url":"\/19.2-149\/","token":"19.2\/9\/2\/19.2-149","metadata":false},{"id":54257,"structure_id":12918,"section_number":"19.2-150","catch_line":"Proceeding when surety surrenders principal","url":"\/19.2-150\/","token":"19.2\/9\/2\/19.2-150","metadata":false}],"previous_section":{"id":56408,"structure_id":12918,"section_number":"19.2-142","catch_line":"Where recognizance taken out of court to be sent","url":"\/19.2-142\/","token":"19.2\/9\/2\/19.2-142","metadata":false},"next_section":{"id":54027,"structure_id":12918,"section_number":"19.2-144","catch_line":"Forfeiture of recognizance while in military or naval service","url":"\/19.2-144\/","token":"19.2\/9\/2\/19.2-144","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-143\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1962, chapter 499; in 1970, chapter 371; in 1973, chapter 409; in 1975, chapter 495; in 1978, chapter 755; in 1979, chapter 735; in 1987, chapter 670; in 1988, chapter 443; in 1990, chapter 624; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0885\">885<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0840\">840<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0585\">585<\/a>; in 2006, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0296\">296<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0316\">316<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0802\">802<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0408\">408<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0200\">200<\/a>.<\/p>","references":[{"id":74524,"section_number":"16.1-258","catch_line":"Bonds and forfeitures thereof","order_by":null,"url":"\/16.1-258\/"},{"id":72168,"section_number":"16.1-77","catch_line":"Civil jurisdiction of general district courts; amending amount of claim","order_by":null,"url":"\/16.1-77\/"},{"id":81134,"section_number":"19.2-136","catch_line":"How bonds in recognizances payable; penalty","order_by":null,"url":"\/19.2-136\/"},{"id":56525,"section_number":"9.1-185.8","catch_line":"Professional conduct standards; grounds for disciplinary actions","order_by":null,"url":"\/9.1-185.8\/"}],"refers_to":[{"id":81134,"section_number":"19.2-136","catch_line":"How bonds in recognizances payable; penalty","order_by":null,"url":"\/19.2-136\/"},{"id":56525,"section_number":"9.1-185.8","catch_line":"Professional conduct standards; grounds for disciplinary actions","order_by":null,"url":"\/9.1-185.8\/"}],"permalink":{"id":171315,"object_type":"law","relational_id":65004,"identifier":"19.2-143","token":"19.2\/9\/2\/19.2-143","url":"\/19.2-143\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-143\/","token":"19.2\/9\/2\/19.2-143","dublin_core":{"Title":"Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-143","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>When a <span class=\"dictionary\">person<\/span>, under <span class=\"dictionary\">recognizance<\/span> in a case, either as <span class=\"dictionary\">party<\/span> or <span class=\"dictionary\">witness<\/span>, fails to perform the condition of <span class=\"dictionary\">appearance<\/span> thereof, if it is to appear before a <span class=\"dictionary\">court<\/span> of record, or a district <span class=\"dictionary\">court<\/span>, the <span class=\"dictionary\">court<\/span> shall record the <span class=\"dictionary\">default<\/span> therein, and shall <span class=\"dictionary\">issue<\/span> a notice of <span class=\"dictionary\">default<\/span> within five days of the breach of the condition of <span class=\"dictionary\">appearance<\/span>.\n\t\tIf the <span class=\"dictionary\">defendant<\/span> or juvenile is brought before the <span class=\"dictionary\">court<\/span> within 150 days of the <span class=\"dictionary\">findings<\/span> of <span class=\"dictionary\">default<\/span>, the <span class=\"dictionary\">court<\/span> shall dismiss the <span class=\"dictionary\">default<\/span> upon the filing of a <span class=\"dictionary\">motion<\/span> by the <span class=\"dictionary\">party<\/span> in <span class=\"dictionary\">default<\/span>. After 150 days of the <span class=\"dictionary\">finding<\/span> of <span class=\"dictionary\">default<\/span>, his <span class=\"dictionary\">default<\/span> shall be recorded therein, and if it is to appear before a district <span class=\"dictionary\">court<\/span>, his <span class=\"dictionary\">default<\/span> shall be entered by the <span class=\"dictionary\">judge<\/span> of such <span class=\"dictionary\">court<\/span>, on the case papers unless the <span class=\"dictionary\">defendant<\/span> or juvenile has been delivered or appeared before the <span class=\"dictionary\">court<\/span>. The process on any such forfeited <span class=\"dictionary\">recognizance<\/span> shall be issued from the <span class=\"dictionary\">court<\/span> before which the <span class=\"dictionary\">appearance<\/span> was to be, and wherein such forfeiture was recorded or entered. Any such process issued by a <span class=\"dictionary\">judge<\/span> shall be made returnable before, and tried by, such <span class=\"dictionary\">judge<\/span>, who shall promptly transmit to the clerk of the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of his county or city wherein deeds are recorded an abstract of such <span class=\"dictionary\">judgment<\/span> as he may render thereon, which shall be forthwith docketed by the clerk of such <span class=\"dictionary\">court<\/span>. If the forfeited <span class=\"dictionary\">recognizance<\/span> is not paid by 4:00 p.m. on the last day of the 150-day period from the <span class=\"dictionary\">finding<\/span> of <span class=\"dictionary\">default<\/span>, the license of any <span class=\"dictionary\">bail<\/span> bondsman on the <span class=\"dictionary\">bond<\/span> shall be suspended in accordance with \u00a7&nbsp;<a class=\"law\" title=\"Professional conduct standards; grounds for disciplinary actions\" href=\"\/9.1-185.8\/\">9.1-185.8<\/a>. At such time, the <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">issue<\/span> a notice to pay within 10 business days to any employer of such <span class=\"dictionary\">bail<\/span> bondsman if a property bondsman. If the forfeiture is not paid within 10 business days of the notice to pay, licenses of the employer of the <span class=\"dictionary\">bail<\/span> bondsman and agents thereof shall be suspended in accordance with \u00a7&nbsp;<a class=\"law\" title=\"Professional conduct standards; grounds for disciplinary actions\" href=\"\/9.1-185.8\/\">9.1-185.8<\/a>.\n\t\tIf the <span class=\"dictionary\">defendant<\/span> or juvenile appears before or is delivered to the <span class=\"dictionary\">court<\/span> within 24 months of the <span class=\"dictionary\">findings<\/span> of <span class=\"dictionary\">default<\/span>, the <span class=\"dictionary\">court<\/span> shall remit any <span class=\"dictionary\">bond<\/span> previously ordered forfeited by the <span class=\"dictionary\">courts<\/span>, less such costs as the <span class=\"dictionary\">court<\/span> may direct.\n\t\tIf it is brought to the attention of the <span class=\"dictionary\">court<\/span> that the <span class=\"dictionary\">defendant<\/span> or juvenile is incarcerated in another state or country within 48 months of the <span class=\"dictionary\">finding<\/span> of <span class=\"dictionary\">default<\/span>, thereby preventing his delivery or <span class=\"dictionary\">appearance<\/span> within that period, the <span class=\"dictionary\">court<\/span> shall remit any <span class=\"dictionary\">bond<\/span> previously ordered forfeited. If the <span class=\"dictionary\">defendant<\/span> or juvenile left the Commonwealth with the permission of the <span class=\"dictionary\">court<\/span>, the <span class=\"dictionary\">bond<\/span> shall be remitted without deduction of costs; otherwise, the cost of returning him to the Commonwealth shall be deducted from the <span class=\"dictionary\">bond<\/span>.\n\t\t<span class=\"dictionary\">Evidence<\/span> that the <span class=\"dictionary\">defendant<\/span> or juvenile is incarcerated or subject to <span class=\"dictionary\">court<\/span> process in another <span class=\"dictionary\">jurisdiction<\/span> on the day his <span class=\"dictionary\">appearance<\/span> is required or a medical certificate from a duly licensed physician that the <span class=\"dictionary\">defendant<\/span> was physically unable to so appear shall be considered <span class=\"dictionary\">evidence<\/span> of good cause why the <span class=\"dictionary\">recognizance<\/span> should not be forfeited.\n\t\tIf such <span class=\"dictionary\">recognizance<\/span> so forfeited is not for such <span class=\"dictionary\">appearance<\/span>, process thereon shall be issued from the <span class=\"dictionary\">court<\/span> in which it was taken, or the <span class=\"dictionary\">court<\/span> to which it was made returnable, and in a proceeding in one <span class=\"dictionary\">court<\/span> on a <span class=\"dictionary\">recognizance<\/span> entered in another a copy thereof shall be <span class=\"dictionary\">evidence<\/span> in like manner as the original would be if it had been entered in the <span class=\"dictionary\">court<\/span> wherein the proceeding is being had thereon.\n\t\tHowever, when any <span class=\"dictionary\">defendant<\/span> or juvenile who posted a cash <span class=\"dictionary\">bond<\/span> and failed to appear is tried in his absence and is convicted, the <span class=\"dictionary\">court<\/span> or <span class=\"dictionary\">judge<\/span> trying the case shall first apply the cash <span class=\"dictionary\">bond<\/span>, or so much thereof as may be necessary, to the payment of any fines or costs, or both, adjudged against the <span class=\"dictionary\">defendant<\/span> or juvenile or imposed by <span class=\"dictionary\">law<\/span>. Any remaining funds shall be forfeited without further notice. However, if a rehearing is granted, the <span class=\"dictionary\">court<\/span> may remit part or all of such cash <span class=\"dictionary\">bond<\/span> not applied ultimately to fines or costs, and <span class=\"dictionary\">order<\/span> a refund of the same by the State Treasurer, or by the treasurer or director of finance of the locality, if the <span class=\"dictionary\">bond<\/span> was collected by a locality pursuant to \u00a7&nbsp;<a class=\"law\" title=\"How bonds in recognizances payable; penalty\" href=\"\/19.2-136\/\">19.2-136<\/a>, but only if good cause is shown.\n\t\tIf the <span class=\"dictionary\">defendant<\/span> or juvenile posted a cash <span class=\"dictionary\">bond<\/span> and failed to appear, but is not tried in his absence, the <span class=\"dictionary\">bond<\/span> shall be forfeited promptly without further notice. However, if the <span class=\"dictionary\">defendant<\/span> or juvenile appears in <span class=\"dictionary\">court<\/span> within 60 days after the <span class=\"dictionary\">bond<\/span> is forfeited, the <span class=\"dictionary\">judge<\/span> may remit part or all of any <span class=\"dictionary\">bond<\/span> previously forfeited and <span class=\"dictionary\">order<\/span> a refund of the same by the State Treasurer, or by the treasurer or director of finance of the locality, if the <span class=\"dictionary\">bond<\/span> was collected by a locality pursuant to \u00a7&nbsp;<a class=\"law\" title=\"How bonds in recognizances payable; penalty\" href=\"\/19.2-136\/\">19.2-136<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nWHERE DEFAULT RECORDED; PROCESS ON RECOGNIZANCE; FORFEITURE ON RECOGNIZANCE;\nWHEN COPY MAY BE USED; CASH BOND (\u00a7 19.2-143)\n\nWhen a person, under recognizance in a case, either as party or witness, fails\nto perform the condition of appearance thereof, if it is to appear before a\ncourt of record, or a district court, the court shall record the default\ntherein, and shall issue a notice of default within five days of the breach of\nthe condition of appearance.\n\t\tIf the defendant or juvenile is brought before the court within 150 days of\nthe findings of default, the court shall dismiss the default upon the filing of\na motion by the party in default. After 150 days of the finding of default, his\ndefault shall be recorded therein, and if it is to appear before a district\ncourt, his default shall be entered by the judge of such court, on the case\npapers unless the defendant or juvenile has been delivered or appeared before\nthe court. The process on any such forfeited recognizance shall be issued from\nthe court before which the appearance was to be, and wherein such forfeiture was\nrecorded or entered. Any such process issued by a judge shall be made returnable\nbefore, and tried by, such judge, who shall promptly transmit to the clerk of\nthe circuit court of his county or city wherein deeds are recorded an abstract\nof such judgment as he may render thereon, which shall be forthwith docketed by\nthe clerk of such court. If the forfeited recognizance is not paid by 4:00 p.m.\non the last day of the 150-day period from the finding of default, the license\nof any bail bondsman on the bond shall be suspended in accordance with \u00a7\n9.1-185.8. At such time, the court shall issue a notice to pay within 10\nbusiness days to any employer of such bail bondsman if a property bondsman. If\nthe forfeiture is not paid within 10 business days of the notice to pay,\nlicenses of the employer of the bail bondsman and agents thereof shall be\nsuspended in accordance with \u00a7 9.1-185.8.\n\t\tIf the defendant or juvenile appears before or is delivered to the court\nwithin 24 months of the findings of default, the court shall remit any bond\npreviously ordered forfeited by the courts, less such costs as the court may\ndirect.\n\t\tIf it is brought to the attention of the court that the defendant or juvenile\nis incarcerated in another state or country within 48 months of the finding of\ndefault, thereby preventing his delivery or appearance within that period, the\ncourt shall remit any bond previously ordered forfeited. If the defendant or\njuvenile left the Commonwealth with the permission of the court, the bond shall\nbe remitted without deduction of costs; otherwise, the cost of returning him to\nthe Commonwealth shall be deducted from the bond.\n\t\tEvidence that the defendant or juvenile is incarcerated or subject to court\nprocess in another jurisdiction on the day his appearance is required or a\nmedical certificate from a duly licensed physician that the defendant was\nphysically unable to so appear shall be considered evidence of good cause why\nthe recognizance should not be forfeited.\n\t\tIf such recognizance so forfeited is not for such appearance, process thereon\nshall be issued from the court in which it was taken, or the court to which it\nwas made returnable, and in a proceeding in one court on a recognizance entered\nin another a copy thereof shall be evidence in like manner as the original would\nbe if it had been entered in the court wherein the proceeding is being had\nthereon.\n\t\tHowever, when any defendant or juvenile who posted a cash bond and failed to\nappear is tried in his absence and is convicted, the court or judge trying the\ncase shall first apply the cash bond, or so much thereof as may be necessary, to\nthe payment of any fines or costs, or both, adjudged against the defendant or\njuvenile or imposed by law. Any remaining funds shall be forfeited without\nfurther notice. However, if a rehearing is granted, the court may remit part or\nall of such cash bond not applied ultimately to fines or costs, and order a\nrefund of the same by the State Treasurer, or by the treasurer or director of\nfinance of the locality, if the bond was collected by a locality pursuant to \u00a7\n19.2-136, but only if good cause is shown.\n\t\tIf the defendant or juvenile posted a cash bond and failed to appear, but is\nnot tried in his absence, the bond shall be forfeited promptly without further\nnotice. However, if the defendant or juvenile appears in court within 60 days\nafter the bond is forfeited, the judge may remit part or all of any bond\npreviously forfeited and order a refund of the same by the State Treasurer, or\nby the treasurer or director of finance of the locality, if the bond was\ncollected by a locality pursuant to \u00a7 19.2-136.\n\nHISTORY: Code 1950, \u00a7 19.1-137; 1960, c. 366; 1962, c. 499; 1970, c. 371; 1973,\nc. 409; 1975, c. 495; 1978, c. 755; 1979, c. 735; 1987, c. 670; 1988, c. 443;\n1990, c. 624; 2000, c. 885; 2003, c. 840; 2005, c. 585; 2006, cc. 296, 316;\n2011, c. 802; 2012, c. 408; 2019, c. 200.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}