Iowa Code

Iowa Code § 811.6 (2026)

Forfeiture of bail

✓ current as of July 2026

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1. A defendant released pursuant to this chapter shall appear at arraignment, trial, judgment, or such other proceedings where the defendant’s appearance is required. If the defendant fails to appear at the time and place when the defendant’s personal appearance is lawfully required, or to surrender in execution of the judgment, the court must direct an entry of the failure to be made of record, and the undertaking of the defendant’s bail, or the money deposited, is thereupon forfeited. As a part of the entry, except as provided in rule of criminal procedure 2.72, the court shall direct the clerk of the district court of the county to give thirty days’ notice in writing to the defendant and the defendant’s sureties to appear and show cause, if any, why judgment should not be entered for the amount of bail. If such appearance is not made, judgment shall be entered by the court. If appearance is made, the court shall set the case down for immediate hearing as an ordinary action. 2. Where a forfeiture and judgment have been entered as provided in this section, and the amount of the judgment has been paid to the clerk, the clerk shall hold the amount paid as funds of the clerk’s office for a period of one hundred fifty days from the date of judgment. 3. a. The court may, upon application, set aside such judgment if, within one hundred fifty days from the date of the judgment, any of the following occur: (1) The defendant voluntarily surrenders to the sheriff of the county. (2) The defendant’s sureties, at their own expense, deliver the defendant or facilitate delivery of the defendant to the custody of the sheriff.\n\nTue Dec 09 21:53:46 2025 Iowa Code 2026, Chapter 811 (29, 0) §811.6, PRETRIAL AND POST-TRIAL RELEASE — BAIL 6\n\n (3) The court determines, upon consideration of all circumstances, that setting aside the judgment is warranted. b. A judgment shall not be set aside under this subsection unless as a condition precedent thereto, the defendant and the defendant’s sureties have paid all costs and expenses incurred in connection with the judgment. [R60, §4990 – 4994; C73, §4596 – 4600; C97, §5515 – 5517, 5519; C24, 27, 31, 35, 39, §13631, 13633, 13635, 13636; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §766.1 – 766.3, 766.5, 766.6; C79, 81, §811.6] 2000 Acts, ch 1032, §6; 2013 Acts, ch 54, §2; 2021 Acts, ch 64, §2; 2022 Acts, ch 1021, §175; 2022 Acts, ch 1044, §1 Referred to in §331.653, 602.8102(131), 811.2, 811.9

Notes of Decisions

Cited in 8 cases, 1984–2015 · leading case: State v. Marrufo-Gonzalez, 806 N.W.2d 475 (Iowa Ct. App. 2011).

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State v. Marrufo-Gonzalez, 806 N.W.2d 475 (Iowa Ct. App. 2011). · cites it 5× “See Iowa Code § 811.6 (providing that forfeiture can be entered after ten days’ notice to defendant and sureties to allow sureties a hearing to show cause or reasonable excuse for failing to produce the defendant).”

State v. Costello, 489 N.W.2d 735 (Iowa 1992). · cites it 2× “All defendants are bailable by sufficient surety, or subject to release upon condition or on their own recognizance, except for those defendants specifically ineligible under our pretrial release-bail statutory provisions. Iowa Code § 811.1 . If a defendant fails to appear as…”

State v. Randle, 603 N.W.2d 91 (Iowa 1999). “Iowa Code § 811.6 (1). Here, the defendant was- required to be present for his trial and he failed to appear after the first day.”

State v. Dodd, 346 N.W.2d 42 (Iowa Ct. App. 1984). “at 639 ; Iowa Code § 811.6 (3) (1981). *45 For the reasons set forth in Divisions II and III, we reverse the order of forfeiture entered in the trial court, the order entering judgment against Joseph Bognanno, Sr.”

State v. Stradt, 556 N.W.2d 149 (Iowa 1996). “Iowa Code § 811.6 . Arrest and recommitment to jail may follow if one of three conditions is proven: (1) the defendant has failed to appear as required, (2) the defendant has violated a condition of release, or (3) the original bond posted or money deposited is insufficient for…”

State v. Erdman, 727 N.W.2d 123 (Iowa 2007). “Iowa Code § 811.6 (1). The “amount in controversy” is therefore the amount of the forfeited bond.”

State of Iowa v. Patrick John Letscher (Iowa Ct. App. 2015). “See Iowa Code § 811.6 ; State v. Costello, 489 N.”

State Of Iowa Vs. Khrista Kay Erdman, Always Affordable Bail Bonds, Inc. & Ranger Ins. (Iowa 2007). “Iowa Code § 811.6 (1). The “amount in controversy” is therefore the amount of the forfeited bond.”

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