§ 9-10-11. Forfeiture of appearance bond avoided where attendance of principal prevented by physical disability or where principal confined in another jurisdiction; forfeiture set aside upon proper showing

Codes > Code of Georgia > Title 9. > Chapter 10. : Article 1. > 9-10-11. Forfeiture

§ 9-10-11. Forfeiture of appearance bond avoided where attendance of principal prevented by physical disability or where principal confined in another jurisdiction; forfeiture set aside upon proper showing

(a) No judgment decreeing the forfeiture of any appearance bond shall be rendered:

(1) If it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability; or

(2) If it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal is being detained shall be considered adequate proof of the principal's detention.

(b) If adequate proof is furnished within 60 days of the forfeiture of an appearance bond that the principal failed to appear on the date of forfeiture for one of the reasons set forth in subsection (a) of this Code section, the forfeiture shall be set aside.