Legal Definitions - estreat

Estreat (noun)

An estreat refers to an official document, essentially a certified copy, that details a financial penalty or obligation (such as a fine, a forfeited bail bond, or other court-ordered payment) imposed by a court. This document is extracted from the court's original records and provided to the appropriate authority responsible for collecting the money.

• Example 1: Unpaid Traffic Fine
  A driver receives a significant fine for reckless driving. If the driver fails to pay the fine by the deadline, the court clerk might prepare an estreat, which is a formal document detailing the unpaid fine. This document is then sent to a county treasurer or a collection agency, authorizing them to pursue the payment.
• Example 2: Forfeited Bail Bond
  A defendant posts a bail bond to be released from custody, promising to appear for all future court dates. If the defendant fails to appear, the court declares the bail forfeited. An estreat would then be issued, which is the official record sent to the county's financial department or the bail bond company, instructing them to collect the forfeited amount.

Estreat (verb)

To estreat means to formally record that a financial promise or obligation made to a court (such as a bail bond or a recognizance) has been broken or forfeited, and then to initiate the legal process to collect that money. It is the act of making the forfeiture official and enforceable.

• Example 1: Defendant Skips Court Date
  A person charged with a crime is released on bail, promising to return for their trial. When they fail to appear, the judge will formally declare the bail forfeited and order the court clerk to estreat the bond. This action officially records the forfeiture and begins the process of collecting the bail money from the defendant or their surety.
• Example 2: Violation of Probation Terms
  A court imposes a suspended fine as part of a probation agreement, meaning the fine is only due if the probation terms are violated. If the individual violates their probation, the court may decide to estreat the suspended fine. This means the court formally activates the fine, making it immediately payable and initiating collection procedures.