Bail forfeiture: clerk must mail notice of forfeiture (bond over $400) within 30 days

30 days after date the bail forfeiture was entered, under Cal. Pen. Code 1305(b)(1), (b)(3)(A).

Rule text

(b)(1) If the amount of the bond or money or property deposited exceeds four hundred dollars ($400), the clerk of the court shall, within 30 days of the forfeiture, mail notice of the forfeiture to the surety or the depositor of money posted instead of bail. ... (3) The surety or depositor shall be released of all obligations under the bond if any of the following conditions apply: (A) The clerk fails to mail the notice of forfeiture in accordance with this section within 30 days after the entry of the forfeiture.

Cal. Pen. Code 1305(b)(1), (b)(3)(A), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the bail forfeiture was entered): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)).
Rules applied
Cal. Pen. Code 1305(b)(1), (b)(3)(A)
(b)(1) If the amount of the bond or money or property deposited exceeds four hundred dollars ($400), the clerk of the court shall, within 30 days of the forfeiture, mail notice of the forfeiture to the surety or the depositor of money posted instead of bail. ... (3) The surety or depositor shall be released of all obligations under the bond if any of the following conditions apply: (A) The clerk fails to mail the notice of forfeiture in accordance with this section within 30 days after the entry of the forfeiture.
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday."
Official source
  • Clerk duty. Failure to mail within 30 days releases the surety or depositor. Applies only where the bond/deposit exceeds $400. Surety counsel: compare the actual mailing date with this date. Amended by Stats. 2016, ch. 79 (AB 2655), eff. Jan. 1, 2017. REVIEW: 1305 does not say whether CCP 12a extends the appearance period when it ends on a weekend or holiday; the calculator applies the standard next-court-day roll. Tolling for temporary disability (1305(e)), agreed tolling (1305(h)) and 1305.4 extensions are not modeled.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the bail forfeiture was entered on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the bail forfeiture was entered): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Clerk duty. Failure to mail within 30 days releases the surety or depositor. Applies only where the bond/deposit exceeds $400. Surety counsel: compare the actual mailing date with this date. Amended by Stats. 2016, ch. 79 (AB 2655), eff. Jan. 1, 2017. REVIEW: 1305 does not say whether CCP 12a extends the appearance period when it ends on a weekend or holiday; the calculator applies the standard next-court-day roll. Tolling for temporary disability (1305(e)), agreed tolling (1305(h)) and 1305.4 extensions are not modeled.

Related deadlines

All California criminal deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.