Section 15-13-81 - Conditional judgment - Entry; notice to defendant; execution and return of notice; alias notices(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.Ala. Code § 15-13-81 (1975)
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.