Art. 17.16, CCP originally stated a surety could "at any time" relieve himself of the undertaking by surrendering the accused into the custody of the sheriff of the county where the principal was being prosecuted. In 1987, this was changed to provide for "relieving" by virtue of custody of the principal anywhere in the United States, but this must occur "before forfeiture". In my case the judgment nisi was entered several months ago, but the surety has now attempted to deliver to our sheriff an affidavit stating the principal is in the custody of the Colorado prison officials. What does "before forfeiture" really mean? I presume we are talking about entry of the judgment under art. 22.02, but the bondsmen would like it to be the judgment under art. 22.14. I cannot seem to find a case interpreting this language of the statute. Any ideas?

I have always interpreted the language to mean before the judge pronounces in open Court that the Defendant's bond is forfeited when he fails to appear for a setting.

We run into this all the time with bondsmen who get a little jumpy when their client fails to make his weekly report and/or payment. They rush in and file an Affidavit of Surrender. My opinion has been that they are still on the hook unless their client is apprehended prior to his court date (i.e. prior to forfeiture of his bond). The only real effect of such an affidavit is that it results in the capias being issued for their arrest.

Here is a case (unreported naturally) that talks about some of the issues you're asking.

Alvarenga v. State
Not Reported in S.W.3d
Tex.App.--Hous. (14 Dist.),2000.
Nov. 22, 2000.

Hope this helps

Robert DuBoise

Art. 22.11 provides for service upon the sureties after the "forfeiture" of the bond. Thus, "forfeiture" relates to the date the defendant failed to appear in court and the court declared the bond to be forfeited, ordered preparation of a judgment nisi, etc.