What Happens to a Co-Signer When He Misses Court in Alabama

When he misses court, the co-signer can end up owing the bail bond company as much as the full bail amount. Alabama law gives the bond a window before that money is final, and four excuses cancel the loss completely. The next few days decide how much is lost.

Call 205-401-8052. We answer 24 hours a day.

Key takeaways

• One no-show puts the full bail amount at risk, and the co-signer's contract decides how much of that loss lands on her.
• Alabama's clock: notice within 90 days, 30 days to answer it, and a hearing no sooner than 120 days after notice.
• The court must cancel the forfeiture if he was in the hospital, in another jail, on active military duty, or has died.
• Urging him to turn himself in is lawful. Hiding him, or helping him avoid arrest, can be a crime.
• Even after a final judgment, getting him back within one year can win money back.

What does a missed court date mean for you as the co-signer?

A bail bond is a promise that he will show up to court. When he fails to appear with no good reason given ahead of time, the judge orders a conditional forfeiture, a temporary order that the bond money is lost unless someone shows the court a good reason. The order runs against him and the sureties on the bond, under Ala. Code § 15-13-131.

On a bail company bond, the company is the surety, the party that promised the court the full amount (§ 15-13-111). You signed a separate contract with that company. As the co-signer, or indemnitor, you agreed to cover what the company loses if he skips. The court's case is with the company, and your contract decides what passes to you.

The fee you paid, normally 10% to 15% of the bail, is already spent. It paid for posting the bond, and it stays earned whatever happens next.

If you signed with us and he missed his date, call 205-401-8052 today.

How long do you have? The Alabama timeline after a missed court date

Alabama sets a schedule, and every step has a deadline:

1. The missed date. The judge orders the conditional forfeiture and orders him re-arrested in the original case. That arrest order is the warrant described in our guide to failure to appear.
2. Within 90 days. The court clerk must serve notice of the forfeiture on the defendant and the sureties (§ 15-13-132). The notice itself says this "is a court case against you separate from the defendant's criminal case."
3. 30 days after the notice is served. The sureties must file a written answer explaining why the bond should stay in place. A good answer can end it right there.
4. No sooner than 120 days after notice. If the court finds the answer weak, it sets a hearing. The judge can push that hearing back to give the sureties more time to find him.
5. Final judgment. With no answer after 30 days, the court may enter a final judgment for all or part of the bond, collected like any civil judgment.
6. One year after a final judgment. The court may still give money back if the bail company brings him back (§ 15-13-139).

Alabama changed these numbers in 2023 (Act 2023-476). The 30-day answer window and the one-year window are the current rule.

The early weeks are where this gets fixed. Call before the 30 days run: 205-401-8052.

Four reasons the court must cancel the forfeiture

Some absences are fully excused by law. Under § 15-13-138, the court must set the whole forfeiture aside if the sureties show that he:

• was in the hospital or too sick to attend, backed by a doctor's certificate or letter
• was in jail or custody somewhere else, in Alabama, another state, or federal custody
• has died
• was serving on active military duty

Timing matters for the illness excuse. The court has to be told before the forfeiture order or within 30 days after the notice is served.

Your part is the paperwork. If he was in the hospital, get the discharge papers or a doctor's letter. If he was arrested in another county, write down which jail and the booking date. Hand all of it to the bail company. The company answers the court, and Alabama law lets its agent appear to explain why he missed (§ 15-13-140).

Have papers like these? The phone is answered 24 hours a day: 205-401-8052.

What should you do in the first 24 hours?

Call the company that wrote the bond. If that is Bail Bonds of Alabama, call 205-401-8052. Every day of silence is a day off the clock.

Tell the company what you know. Where he has been staying. Whether he was sick, in the hospital, or picked up somewhere else. A detail that seems small can be the excuse that cancels the whole forfeiture.

Push him to turn himself in. The problem gets easier to fix the sooner he faces it. A walk-through bond lets him pick the day he goes in, with a new bond arranged ahead of time upon approval. A licensed Alabama attorney can ask the court to recall the warrant and reset the date.

Watch your mail. Court notices come from the clerk, and on a bail company bond they go to the company. If you signed the court bond yourself as a property owner, the notice comes to you, and Alabama law makes keeping your address current with the clerk your job, in writing (§ 15-13-133).

Write down every date. The court date he missed, the day you heard, the day any notice arrived. Deadlines run from service, so the dates protect you.

Questions about your agreement? Call 205-401-8052 for a free consultation.

Can a co-signer go to jail?

Co-signing is lawful, and what you carry is a money risk. Missing court is his offense, called bail jumping. Bail jumping in the first degree, tied to a charge of murder or a Class A or B felony, is a Class C felony (§ 13A-10-39). Bail jumping in the second degree, tied to a misdemeanor or Class C felony charge, is a Class A misdemeanor (§ 13A-10-40).

There is one line to stay clear of. Alabama calls it "criminal assistance" to hide him, to warn him that police are coming, or to give him money, a ride, or another way to avoid arrest (§ 13A-10-42). Doing that to keep him from being caught is hindering prosecution. In the first degree, for murder or a Class A or B felony, it is a Class C felony. In the second degree it is a Class A misdemeanor (§ 13A-10-43, § 13A-10-44).

The same law makes room for the right kind of warning: one given to bring him back into line with the law. Telling him to turn himself in is the lawful move, and it is also the move that protects your money.

How much could you owe, and can they take your house?

The top of the risk is the full bail amount. The forfeiture notice adds court costs and tells the sureties the sheriff can collect "the amount of the bond and court cost" or levy on property, meaning seize it. Your indemnity agreement sets what the company can recover from you, so read it tonight with a highlighter. Our co-signer guides explain the common terms.

Your home or property can be at stake in two ways:

• A property bond. If you pledged your land straight to the court, you are a surety yourself. The signed affidavit works as a lien, and after a final forfeiture the state can sell the property to pay the judgment (§ 15-13-152). The lien stays on the home for the life of the case, and everyone on the mortgage must sign it.
• Collateral given to a bail company. Your agreement decides when the company can keep it and when it comes back.

The fee itself stays earned, whatever the outcome. For a new bond, creative financing is available upon approval, with 0% interest if paid in full within 12 months. Read our payment options before you sign anything.

Want someone to walk through what you signed? Call 205-401-8052, any hour.

If he comes back, are you off the hook?

That depends on when he comes back. Picture two families. In one, he is back in custody within a week, well inside the 30-day window to answer. In the other, he stays gone for a year. Alabama law treats those two differently.

Before the conditional forfeiture is entered, the bail company can surrender him to the jail and be released from the bond (§ 15-13-117).

After the conditional forfeiture, his return releases the bail company from the bond only if the court finds a good reason for the missed date (§ 15-13-118). The judge can still cut the judgment to part of the bond "according to the circumstances" (§ 15-13-137).

After a final judgment, the court may return all or part of the money above the state's costs if the bail company brings him back within one year.

Every week he stays gone makes the outcome harder. Call 205-401-8052 the day you know.

Frequently asked questions

Does the co-signer have to pay the full bail amount if he misses court?

The co-signer can. The bond can be forfeited for its full amount, and her agreement is what lets the bail company recover that loss from her, plus costs.

How long does a co-signer have after a missed court date in Alabama?

Notice must be served within 90 days. After service there are 30 days to file a written answer, and any hearing comes at least 120 days after service.

Can a co-signer go to jail if he skips bail?

Co-signing is lawful. Hiding him, warning him to dodge police, or giving him money or a ride to avoid arrest can be hindering prosecution, a crime in Alabama.

What if he was in the hospital or in another jail?

The court must cancel the forfeiture when the sureties prove he was hospitalized or too ill, held in another jail, on active military duty, or has died.

Do I get the bail bond fee back if he turns himself in?

The 10% to 15% fee paid for posting the bond, so it stays earned. His return can still lower or cancel what is owed on the bond itself.

Where to go next

• Co-Signers, Costs & Financing: every guide for the person who signs
• What is an indemnitor?
• Failure to appear in Alabama
• Bail bonds in Jefferson County, Shelby County, and St. Clair County

Bail Bonds of Alabama has served Jefferson, Shelby, and St. Clair Counties since 2014. One call. That's all. 205-401-8052, 24 hours a day.

This article is general information about Alabama bail law as of October 2026. It is not legal advice. Bail contracts differ, so read yours closely and talk to a licensed Alabama attorney about a specific case.