When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest or may order the undertaking to be enforced, or both. If the undertaking is enforced, the measure of damages is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued.
§ 1220.Failure of Person Arrested to Appear On Return Day
Title 5. Of Contempts · Last amended 1982 · Last verified July 29, 2026
In one sentenceSection 1220 lets the court issue another warrant of arrest, enforce the undertaking the person posted for release, or do both, when someone arrested on a contempt warrant fails to appear on the return day, with damages on the undertaking measured by the loss the aggrieved party suffered from the misconduct that led to the warrant.
Full Text of § 1220
Plain-English Summary
Posting an undertaking under § 1215 doesn't guarantee the person will show up as promised. Section 1220 tells the court what to do when they don't: once the warrant has been returned served but the person fails to appear on the return day, the court can issue another warrant of arrest, order the undertaking enforced, or do both.
If the court enforces the undertaking, the damages aren't capped at the undertaking's face amount as a matter of course -- they're measured by the loss or injury the aggrieved party suffered because of the misconduct that led to the warrant in the first place. That ties the remedy back to the harm the contempt caused, not just a forfeiture.
Frequently Asked Questions
What happens if someone doesn't show up after posting an undertaking in a contempt case?
The court may issue another warrant of arrest, order the undertaking enforced, or both, under § 1220.
How are damages calculated when an undertaking is enforced?
By the extent of the loss or injury the aggrieved party sustained because of the misconduct that led to the original warrant.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 181.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: failure to appear contempt warrant californiaenforcing undertaking contempt california