GA Code § 17-6-71 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 3 - Proceedings for Forfeiture of Bonds or Recognizances|§ 17-6-71. Execution Hearing on Failure of Principal to Appear

  The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond, issue a bench warrant for the principal's arrest, and order an execution hearing not sooner than 120 days but not later than 150 days after such failure to appear. Notice of the execution hearing shall be served by the clerk of the court in which the bond forfeiture occurred within ten days of such failure to appear by certified mail or by electronic means as provided in Code Section 17-6-50 to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent. Service shall be considered complete upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly. If notice of the execution hearing is not served as specified in this subsection, the surety shall be relieved of liability on the appearance bond.   If at the execution hearing it is determined that judgment should be entered, the judge shall so order and a writ of fieri facias shall be filed in the office of the clerk of the court where such judgment is entered.The provisions of this subsection shall apply to all bail bonds, whether returnable to superior court, state court, probate court, magistrate court, or municipal court.     (Laws 1831, Cobb's 1851 Digest, p. 862; Code 1863, § 4585; Code 1868, § 4606; Code 1873, § 4703; Code 1882, § 4703; Penal Code 1895, § 937; Penal Code 1910, § 962; Code 1933, § 27-906; Ga. L. 1943, p. 282, § 2; Ga. L. 1953, Jan.-Feb. Sess., p. 452, § 1; Code 1981, §17-6-71; Ga. L. 1982, p. 1224, § 2; Ga. L. 1983, p. 1203, § 2; Ga. L. 1986, p. 1588, § 3; Ga. L. 1987, p. 1342, § 3; Ga. L. 1989, p. 556, § 1; Ga. L. 1990, p. 8, § 17; Ga. L. 1990, p. 2336, § 1; Ga. L. 1992, p. 2933, § 3; Ga. L. 2000, p. 1589, § 3; Ga. L. 2009, p. 688, § 2/HB 147; Ga. L. 2015, p. 1217, § 2/SB 195.)   Law reviews.   - For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 212 (1989).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Timing   Notice    OPINIONS OF THE ATTORNEY GENERAL   Bond forfeitures reduced to judgment.   - In the absence of any specific statutory authority, bond forfeitures which have been reduced to judgment by a rule absolute may not be settled or satisfied by a compromise agreement. 1989 Op. Att'y Gen. U89-14.   RESEARCH REFERENCES   Am. Jur. 2d.   - 8A Am. Jur. 2d, Bail and Recognizance, § 141 et seq.   C.J.S.   - 8 C.J.S., Bail; Release and Detention Pending Proceedings, § 329 et seq.   ALR.    - Induction of principal into military or naval service as exonerating his bail for his nonappearance, 8 A.L.R. 371; 147 A.L.R. 1428; 148 A.L.R. 1400; 150 A.L.R. 1447; 151 A.L.R. 1462; 152 A.L.R. 1459; 153 A.L.R. 1431; 154 A.L.R. 1456; 156 A.L.R. 1457; 157 A.L.R. 1456.    Right to recover cash bail or securities taken without authority, 44 A.L.R. 1499; 48 A.L.R. 1430.    Failure of judgment or order forfeiting bail, or deposit in lieu thereof, to recite arraignment and plea, 90 A.L.R. 298.   Appealability of order relating to forfeiture of bail, 78 A.L.R.2d 1180.   Dismissal or vacation of indictment as terminating liability or obligation of surety or bail bond, 18 A.L.R.3d 1354.   Bail: duration of surety's liability on pretrial bond, 32 A.L.R.4th 504.   Bail: duration of surety's liability on posttrial bail bond, 32 A.L.R.4th 575.   Bail: effect on liability of bail bond surety of state's delay in obtaining indictment or bringing defendant to trial, 32 A.L.R.4th 600.   Propriety of applying cash bail to payment of fine, 42 A.L.R.5th 547.