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Form MC 238, Judgment after Bond Forfeiture, page 1
Basic · 35/100Form Complexity Index

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What this form asks for

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The Judgment after Bond Forfeiture, Form MC 238, is a legal document issued by Michigan courts. It is used when a defendant who has posted a bond fails to surrender to the court as ordered, resulting in the forfeiture of that bond. This judgment formalizes the amount owed by the defendant, surety, or depositor to the court. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields37
Pages2
Form Complexity IndexBasic, 35/100

The AI checks your answers before you download

13 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Case Number Consistency Across Pages

Checks that the 'CASE NO.' field is identical on both page 1 and page 2 of the form. This is critical for ensuring the entire document pertains to a single, unique case and prevents misfiling or incorrect association of pages. If the numbers do not match, the form is considered invalid and cannot be processed.

Judgment Financial Calculation Verification

Validates the arithmetic in the judgment calculation section. It ensures that 'Total amount of judgment' is the sum of 'Full bail amount' and 'Plus costs', and that 'Balance of judgment' is the result of subtracting 'Less amount of cash deposited' from the 'Total amount of judgment'. This check prevents mathematical errors that could lead to incorrect financial liabilities.

Bail and Deposit Amount Consistency

This check ensures the 'Full bail amount' and 'Amount of cash deposited' fields listed at the top of the form are identical to their corresponding fields in the judgment calculation section below. This cross-reference prevents data entry errors and ensures the financial judgment is based on the correct initial bond figures. A mismatch will flag the form for manual review and correction.

Exclusive Bond Type Selection

Verifies that exactly one option is selected from the 'TYPE OF BOND' checkboxes (10% cash, Personal recognizance, Cash, Surety, Real property). Selecting no bond type or multiple bond types makes the basis of the judgment ambiguous. This validation ensures the record accurately reflects the specific type of bond that was forfeited, which is essential for applying the correct legal rules.

ORI Number Format Validation

Ensures the 'ORI' (Originating Agency Identifier) field follows the specified format, which must begin with 'MI-'. This identifier is crucial for routing information to the correct law enforcement agency and for statistical tracking. An invalid format could cause the document to be rejected by state or federal systems.

Court Telephone Number Format

Validates that the 'Court telephone no.' field contains a valid 10-digit US phone number, allowing for common formats like (XXX) XXX-XXXX or XXX-XXX-XXXX. A valid phone number is essential for parties needing to contact the court for information regarding the judgment. An invalid number would be flagged for correction to ensure proper communication channels are documented.

And 7 more checks
  • Required Judgment Recipient Selection
  • Plaintiff Identification Logic
  • Payment Deadline Date Validity
  • Defendant Information Completeness
  • Case Status Indication
  • Non-Negative Currency Value Check
  • CTN/SID Format Validation

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How to Fill Out MC 238 Online for Free in 2026

What the AI walks you through.

  1. Navigate to an AI-powered platform like Instafill.ai and upload or select the MC 238, Judgment after Bond Forfeiture form.
  2. Provide the case information, including the court address, case number, judge, and defendant's details.
  3. Identify the parties against whom the judgment is entered, such as the defendant, parent, surety, or depositor.
  4. Enter the financial details, including the full bail amount, amount of cash deposited, and any additional costs.
  5. Indicate the type of bond that was forfeited (e.g., 10% cash, surety, personal recognizance).
  6. Review the information auto-populated by the AI to ensure all details, including the total judgment amount and balance due, are correct.
  7. Download, print, or electronically file the completed and signed judgment form as required by the court.

Common Mistakes in Completing MC 238

The ones the AI is built to catch.

Miscalculating the Final Judgment Amount
This form requires a manual calculation: Full Bail Amount + Costs - Amount of Cash Deposited = Balance of Judgment. People often make simple arithmetic errors, leading to an incorrect judgment amount being entered. An incorrect balance can lead to legal challenges, payment disputes, and administrative rework to issue a corrected judgment. To prevent this, always use a calculator and double-check the figures against the case file before entering them on the form.
Entering Incorrect Defendant or Surety Information
Mistakes in the defendant's name, address, or identifying numbers (CTN/TCN/SID) are common, as are errors in the surety or depositor's information. This often happens due to typos or referencing outdated records. The consequence is improper service of the judgment, which can render it invalid and cause significant delays, as the notice may be sent to the wrong person or address. Always verify this information against the most recent official court record before filling out the form.
Misinterpreting the Surety Liability Limit
The form contains a complex footnote regarding surety bonds posted under MCL 765.6(2), where a surety's liability is limited to one-quarter of the full bail amount. Fillers often overlook this note and incorrectly enter the full bail amount as the judgment against the surety. This results in a legally incorrect judgment that overstates the surety's liability and will likely be disputed or appealed. It is crucial to understand the type of bond posted and apply this specific rule when calculating the judgment against a surety.
Omitting or Incorrectly Formatting Case and Court Information
The header section requires specific details like the Judicial District/Circuit, County, ORI, and most importantly, the Case Number and Judge. People often rush and leave these fields incomplete or use inconsistent formatting. A missing or incorrect Case Number, especially on the second page, can cause the document to be misfiled or separated from the case file, leading to significant processing delays. Ensure every identifier is filled out accurately and legibly on both pages.
Leaving the Judgment Payment Deadline Blank
The order includes a critical line: 'The balance of this judgment must be paid by [Date].' Forgetting to enter a specific date is a frequent oversight. This omission makes the payment demand ambiguous and can complicate enforcement, as the 56-day clock for the 20% late penalty becomes difficult to start. To ensure the judgment is enforceable and clear for the debtor, a specific calendar date must always be entered in this field.
Providing Invalid Addresses for Service
The 'TO:' fields and the defendant's address field are essential for the Certificate of Mailing and ensuring proper legal service. Using an old, incomplete, or unverified address is a critical error. This leads to failed service, which can be grounds for the defendant or surety to have the judgment set aside, forcing the process to start over. Always use the 'last-known address' as defined by court rules (MCR 2.107(C)(3)) and verify it with the official case file.
Incorrectly Identifying the Party the Judgment is 'AGAINST'
The form requires specifying who the judgment is 'AGAINST': the Defendant, Parent, Surety, or Depositor. A common mistake is to default to the defendant, even when a surety or other depositor is the legally liable party for the forfeited bond. Entering the judgment against the wrong entity makes it unenforceable and allows the responsible party to evade payment. Carefully review the original bond agreement to correctly identify the party who is financially liable for the forfeiture.
Forgetting to Complete Page 2
People sometimes treat the second page as an afterthought, only for the judge's signature. However, it contains a mandatory field for the Case Number and crucial checkboxes (2a/2b) that indicate the status of the underlying charges or proceedings. Failing to enter the case number on page 2 can cause it to become an orphaned document if separated, and not checking the appropriate box leaves the record incomplete. Always fill out the case number on page 2 and check the relevant box to finalize the form correctly.
Misidentifying the 'Unit of Government'
The judgment specifies that the forfeited funds are 'FOR' a specific 'Unit of government'. A frequent error is to use a generic entry like 'State of Michigan' when the funds should be directed to a specific county, city, or township that prosecuted the case. This mistake causes accounting problems, delays in disbursing the funds to the correct entity, and requires administrative effort to correct. The correct entity should be verified from the case's prosecutorial records.
Using Vague or Abbreviated Offense Descriptions
The 'Offense(s)' field is often filled with unclear abbreviations or generic descriptions rather than the full, formal charge. This creates ambiguity in the record, especially if the defendant has multiple cases or charges. The consequences include confusion during audits or subsequent legal proceedings. To avoid this, the full name of the offense and the relevant statutory citation should be transcribed exactly as it appears in the original complaint or court file. AI-powered tools like Instafill.ai can help by auto-populating and validating such data from case records, and can also make non-fillable PDFs like this one fillable.

Frequently Asked Questions About MC 238

 

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How does the AI fill out MC 238?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of MC 238, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is MC 238 to fill out?
MC 238 has a Form Complexity Index of 35 out of 100, in the basic tier: 37 fillable fields across 2 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of the Judgment after Bond Forfeiture form?
This form is a court order stating that a judgment has been entered against a defendant, parent, or surety. It is issued when a defendant fails to appear in court as required, causing the posted bond to be forfeited.
Why did I receive this form?
You likely received this form because you are either the defendant who failed to appear, or you are the surety or depositor who posted the bond money on the defendant's behalf.
Who fills out this form?
The court fills out and issues this form. It is a legal judgment sent to you, not a form for you to complete.
What is the 'Balance of judgment'?
This is the final amount of money you owe the court. It is calculated by taking the full bail amount plus costs, and then subtracting any cash that was already deposited for the bond.
What happens if I don't pay the balance by the deadline?
If the balance is not paid within 56 days of the date on the judgment, a 20% late penalty will be added to the amount you owe. The court will then pursue collection through any legally allowed methods.
I was the surety who posted the bond. Is my liability limited?
In some cases, yes. If you posted a surety bond for one-quarter of the full bail amount under MCL 765.6(2), your judgment is limited to that amount, while the defendant is responsible for the rest.
What does it mean that the original charges are 'still pending'?
This indicates that the criminal case for which the bond was posted is still active. A bench warrant for the defendant's arrest has likely been issued due to their failure to appear.
Where do I pay the amount owed on this judgment?
You must pay the court that issued the judgment, whose address and phone number are listed at the top of the form. Contact the court clerk for specific payment options and instructions.
What is the difference between the 'Full bail amount' and the 'Amount of cash deposited'?
The 'Full bail amount' is the total bond set by the judge. The 'Amount of cash deposited' is the actual money you paid to the court upfront, which is often a percentage (like 10%) of the full bail amount.
Can an AI tool help me fill out this specific form?
No, because this is a judgment issued by the court, not a form for you to fill out. However, AI tools like Instafill.ai can help you accurately complete other court forms you may need to file.
How can I use Instafill.ai for other court documents?
You can upload a blank court form to Instafill.ai, and its AI will help you auto-fill your personal information and other fields. This saves time and helps prevent common errors.
What should I do if I have a court form that is a non-fillable PDF?
Services like Instafill.ai can convert flat, non-fillable PDFs into interactive forms. This allows you to easily type your information, complete the form online, and prepare it for submission.
What does it mean that a 'bench warrant has been issued'?
A bench warrant is an order from a judge for the immediate arrest of the defendant. It is issued because the defendant failed to comply with a court order, such as appearing for a scheduled court date.
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