(a) When an undertaking of bail is forfeited by the failure of the defendant to appear as required, except when money is deposited instead of bail, a conditional judgment must be entered by the court in favor of the state against the parties to the undertaking for the sum thereon expressed, which judgment may be substantially as follows:
The State)
vs.)
A.B.)Indictment for assault and battery (or other offense, as the case may be).
It appearing to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared at the time and place mentioned and fixed in the bond or undertaking to answer in this case; and the said A. B. having failed to appear at the time and place mentioned in the bond or undertaking, it is therefore ordered that the State of Alabama recover of the said A. B., C. D. and E. F. on said undertaking the sum of _____ dollars (the sum specified in the undertaking) unless they appear at the next session of this court and show cause why this judgment should not be made absolute.
(b) Notice of the entry of a judgment set forth in subsection (a) of this section must be issued by the clerk to each defendant, which notice may be in the following form:
The State of Alabama)
_____ County)To A.B., C. D. and E. F.: You are hereby notified that, at the _____ session 20__ of the ____ court
of said county, a judgment was entered against you, of which the following is a copy: (setting out the conditional judgment); and the said judgment will be made absolute against you on the _____ day of _____ of said court, during the session of said court, unless you then and there appear and show cause against the same.
(c) The notice required by subsection (b) of this section may be executed by the sheriff of any county in the state and must be returned by the officer executing it, with his proper return thereon endorsed, on or before the day and date fixed or specified in the notice.
(d) If the notice required by subsection (b) of this section is not served on any of the parties to the undertaking, such other notices as are necessary may from time to time be issued; but two returns of “not found” by the proper officer are equivalent to personal service.
(Code 1852, §§3691-3694, 3697; Code 1867, §§4254-4257; Code 1876, §§4863-4866; Code 1886, §§4832-4835; Code 1896, §§4375-4378; Code 1907, §§6355-6358; Code 1923, §§3388-3391; Code 1940, T. 15, §§213-216; Acts 1949, No. 199, p. 230; Acts 1978, No. 821, p. 1207, §8.)
Notes of Decisions
ABC Bonding Co. v. State, 641 So. 2d 805 (Ala. Civ. App. 1994).
· cites it 2× “Ala.Code 1975, § 15-13-81, provides that if a defendant fails to make the required appearances, a conditional judgment must be entered against the parties involved in providing the appearance bond, and notice of the conditional judgment is to be served on the parties.”
Broadhead v. State, 465 So. 2d 1115 (Ala. 1984).
· cites it 6× “Chandler where the notice provisions contained in Ala.Code 1975, § 15-13-81, were not complied with? Failure to Serve the Principal The appellants rely on Ala.”
City of Leeds v. Barefield, 849 So. 2d 251 (Ala. Crim. App. 2002).
“The clerk of the circuit court shall send a copy of the order of dismissal of the appeal to the appropriate trial court clerk no later than thirty (30) days from the date on which the appeal is dismissed.”
Kirby v. State, 416 So. 2d 1010 (Ala. 1982).
“Code 1975, § 15-13-81. The defendant’s absence when his case was called for trial constituted a default.”
State v. Taylor, 567 So. 2d 372 (Ala. Civ. App. 1990).
· cites it 2× “Ala.Code 1975, § 15-13-81(a), requires that “[w]hen an undertaking of bail is forfeited by the failure of the defendant to appear as required, .”
Brooks v. City of Enter., 644 So. 2d 41 (Ala. Crim. App. 1994).
“n, the court shall dismiss the appeal and upon the expiration of 30 days from such date, unless the dismissal is set aside, the circuit clerk shall return the file, with a copy of the order of dismissal, to the clerk of the court from which the appeal was taken and the judge of…”
Miles v. City of Tuscaloosa, 555 So. 2d 345 (Ala. Crim. App. 1989).
“n, the court shall dismiss the appeal and upon the expiration of 30 days from such date, unless the dismissal is set aside, the circuit clerk shall return the file, with a copy of the order of dismissal, to the clerk of the court from which the appeal was taken and the judge of…”
McCullough v. State, 254 So. 3d 916 (Ala. Crim. App. 2017).
“Code 1975, states: "Upon failure of an appellant to appear in the circuit court when the case is called for trial, unless good cause for such default is shown, the court shall dismiss the appeal and upon the expiration of 30 days from such date, unless the dismissal is set…”
Campbell v. City of Daphne, 843 So. 2d 840 (Ala. Crim. App. 2002).
“The entry of a judgment of default on the appeal bond shall comply with the procedures set forth in § 15-13-81, and a forfeiture may be entered by the circuit court or the court from which the appeal is taken.”
Lawson v. City of Tuscumbia, 578 So. 2d 1052 (Ala. 1991).
“n, the court shall dismiss the appeal and upon the expiration of 30 days from such date, unless the dismissal is set aside, the circuit clerk shall return the file, with a copy of the order of dismissal, to the clerk of the court from which the appeal was taken and the judge of…”
— Ala. Code § 15-13-81(a) — 1 case
State v. Taylor, 567 So. 2d 372 (Ala. Civ. App. 1990).
“Ala.Code 1975, § 15-13-81(a), requires that “[w]hen an undertaking of bail is forfeited by the failure of the defendant to appear as required, .”
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