No writ of attachment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in consequence of the issuance of the writ of attachment in the event that the amount claimed to be due was not due, that no lawful ground for issuance of the attachment existed, or that the property sought to be attached was not subject to attachment. The bond shall be in a sum equal to twice the amount claimed due in the plaintiff’s application. The bond shall be presented to the clerk of the court where the application provided for in Code Section 18-3-9 is sought to be filed for approval by such clerk prior to filing of the writ of attachment.
History. Laws 1833, Cobb’s 1851 Digest, p. 83; Ga. L. 1855-56, p. 25, § 3; Code 1863, § 3190; Code 1868, § 3201; Code 1873, § 3266; Code 1882, § 3266; Ga. L. 1892, p. 56, § 1; Civil Code 1895, § 4512; Civil Code 1910, § 5057; Code 1933, § 8-111; Ga. L. 1980, p. 1065, § 2.
Structure Georgia Code
Title 18 - Debtor and Creditor
Chapter 3 - Attachment Proceedings
Article 1 - General Provisions
§ 18-3-1. Grounds for Attachment
§ 18-3-2. Right to Seek Attachment on Money Demands Generally
§ 18-3-4. Attachment After Action Commenced; Effect of Judgment on Pending Action
§ 18-3-5. Attachment Against Administrator or Executor; Entry of Final Judgment
§ 18-3-6. Attachment Against Joint Contractors or Partners
§ 18-3-7. Attachment Against Nonresident Corporations
§ 18-3-8. Right of Surety or Endorser Upon an Instrument of Writing to Attach Property of Principal
§ 18-3-10. Bond Requirements Generally
§ 18-3-10.1. Service of Process in Action Against Nonresident Plaintiff for Damages
§ 18-3-12. Persons Who May Be Taken as Security or Surety on a Bond
§ 18-3-15. Right of Defendant to Postseizure Hearing
§ 18-3-16. Issuance and Levy of Attachment on Sunday
§ 18-3-18. Applicability of Chapter 10 of Title 9 Subsequent to Filing of Declaration in Attachment
§ 18-3-19. Forms for Attachment
§ 18-3-20. Substantial Compliance in Matters of Form Sufficient