Colo. Rev. Stat. » Title 16
Colorado Revised Statutes

Colo. Rev. Stat. § 16-4-112 (2024)

Enforcement when forfeiture not set aside

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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By entering into a bond, each obligor, whether he or she is the principal or a surety, submits to the jurisdiction of the court. His or her liability under the bond may be enforced, without the necessity of an independent action, as follows: The court shall order the issuance of a citation directed to the obligor to show cause, if any there be, why judgment should not be entered against him or her forthwith and execution issue thereon. Said citation may be served personally or by certified mail upon the obligor directed to the address given in the bond. Hearing on the citation shall be held not less than twenty-one days after service. The defendant's attorney and the prosecuting attorney shall be given notice of the hearing. At the conclusion of the hearing, the court may enter a judgment for the state and against the obligor, and execution shall issue thereon as on other judgments. The district attorney shall have execution issued forthwith upon the judgment and deliver it to the sheriff to be executed by levy upon the stocks, bond, or real estate which has been accepted as security for the bond.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 834, § 2, effective May 11.

Notes of Decisions
Cited in 3 cases, 2005–2009 · leading case: People v. Diaz-Garcia, 159 P.3d 679 (Colo. Ct. App. 2006).
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People v. Diaz-Garcia, 159 P.3d 679 (Colo. Ct. App. 2006). · cites it 21× “On March 18, 2008, the district court issued a "Notice of Bail Forfeiture" (notice) pursuant to § 16-4-112, C.R.S. 2005 (governing bond forfeitures and judgments against "compensated sureties"), which the court sent to Santos and insurer.”
People v. Chavarria-Sanchez, 207 P.3d 902 (Colo. Ct. App. 2009). · cites it 28× “Here, for reasons not apparent in the appellate record, surety did not timely seek discretionary relief pursuant to section 16-4-112. Surety received notice of the forfeiture in May 2007; a month later, after surety had failed to request a show-cause hearing, the court entered…”
People v. Escalera, 121 P.3d 306 (Colo. Ct. App. 2005). · cites it 6× “Section 16-4-112, C.R.S.2004, enacted in 1999 and applicable to forfeiture proceedings involving compensated sureties, authorizes a trial court to order that a “bail forfeiture judgment” be set aside upon such conditions as the court may impose, “if it appears that justice so…”
Colo. Rev. Stat. § 16-4-112(1): 1 case
People v. Diaz-Garcia, 159 P.3d 679 (Colo. Ct. App. 2006). “On March 18, 2008, the district court issued a "Notice of Bail Forfeiture" (notice) pursuant to § 16-4-112, C.R.S. 2005 (governing bond forfeitures and judgments against "compensated sureties"), which the court sent to Santos and insurer.”
Colo. Rev. Stat. § 16-4-112(2)(c): 1 case
People v. Diaz-Garcia, 159 P.3d 679 (Colo. Ct. App. 2006). “On March 18, 2008, the district court issued a "Notice of Bail Forfeiture" (notice) pursuant to § 16-4-112, C.R.S. 2005 (governing bond forfeitures and judgments against "compensated sureties"), which the court sent to Santos and insurer.”
Colo. Rev. Stat. § 16-4-112(5): 1 case
People v. Chavarria-Sanchez, 207 P.3d 902 (Colo. Ct. App. 2009). “Here, for reasons not apparent in the appellate record, surety did not timely seek discretionary relief pursuant to section 16-4-112. Surety received notice of the forfeiture in May 2007; a month later, after surety had failed to request a show-cause hearing, the court entered…”
Colo. Rev. Stat. § 16-4-112(5)(b): 2 cases
People v. Chavarria-Sanchez, 207 P.3d 902 (Colo. Ct. App. 2009). “Here, for reasons not apparent in the appellate record, surety did not timely seek discretionary relief pursuant to section 16-4-112. Surety received notice of the forfeiture in May 2007; a month later, after surety had failed to request a show-cause hearing, the court entered…”
People v. Diaz-Garcia, 159 P.3d 679 (Colo. Ct. App. 2006). “On March 18, 2008, the district court issued a "Notice of Bail Forfeiture" (notice) pursuant to § 16-4-112, C.R.S. 2005 (governing bond forfeitures and judgments against "compensated sureties"), which the court sent to Santos and insurer.”
Colo. Rev. Stat. § 16-4-112(5)(b)(III): 1 case
People v. Chavarria-Sanchez, 207 P.3d 902 (Colo. Ct. App. 2009). “Here, for reasons not apparent in the appellate record, surety did not timely seek discretionary relief pursuant to section 16-4-112. Surety received notice of the forfeiture in May 2007; a month later, after surety had failed to request a show-cause hearing, the court entered…”
Colo. Rev. Stat. § 16-4-112(5)(e): 1 case
People v. Diaz-Garcia, 159 P.3d 679 (Colo. Ct. App. 2006). “On March 18, 2008, the district court issued a "Notice of Bail Forfeiture" (notice) pursuant to § 16-4-112, C.R.S. 2005 (governing bond forfeitures and judgments against "compensated sureties"), which the court sent to Santos and insurer.”
Colo. Rev. Stat. § 16-4-112(5)(g): 1 case
People v. Diaz-Garcia, 159 P.3d 679 (Colo. Ct. App. 2006). “On March 18, 2008, the district court issued a "Notice of Bail Forfeiture" (notice) pursuant to § 16-4-112, C.R.S. 2005 (governing bond forfeitures and judgments against "compensated sureties"), which the court sent to Santos and insurer.”
Colo. Rev. Stat. § 16-4-112(5)(h): 3 cases
People v. Chavarria-Sanchez, 207 P.3d 902 (Colo. Ct. App. 2009). “Here, for reasons not apparent in the appellate record, surety did not timely seek discretionary relief pursuant to section 16-4-112. Surety received notice of the forfeiture in May 2007; a month later, after surety had failed to request a show-cause hearing, the court entered…”
People v. Diaz-Garcia, 159 P.3d 679 (Colo. Ct. App. 2006). “On March 18, 2008, the district court issued a "Notice of Bail Forfeiture" (notice) pursuant to § 16-4-112, C.R.S. 2005 (governing bond forfeitures and judgments against "compensated sureties"), which the court sent to Santos and insurer.”
People v. Escalera, 121 P.3d 306 (Colo. Ct. App. 2005). “Section 16-4-112, C.R.S.2004, enacted in 1999 and applicable to forfeiture proceedings involving compensated sureties, authorizes a trial court to order that a “bail forfeiture judgment” be set aside upon such conditions as the court may impose, “if it appears that justice so…”
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