Georgia Code
Article 1 - General Provisions
§ 18-3-13. Procedure for Contesting Sufficiency of Bond; Requirement of Additional Security or New Bond; Failure to Comply

When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent, or his attorney may file an affidavit stating that he has a good defense to the action, that the bond given in the action is not a good bond, and stating the ground of its insufficiency. When the affidavit is made and delivered to the levying officer, the officer shall return such attachment together with the affidavit forthwith to the judge issuing the attachment. The judge issuing the attachment shall without delay hear testimony as to the sufficiency of the bond and may in his discretion require additional security or a new bond to be given within such time as he may prescribe. If the plaintiff fails to provide such additional security or new bond, the judge shall dismiss the levy made under the attachment.
History. Ga. L. 1873, p. 29, § 2; Code 1873, § 3271; Code 1882, § 3271; Ga. L. 1892, p. 56, § 2; Civil Code 1895, § 4517; Ga. L. 1899, p. 37, § 1; Civil Code 1910, § 5062; Code 1933, § 8-113; Ga. L. 1980, p. 1065, § 3.

Structure Georgia Code

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

§ 18-3-3. Attachment Prior to Debt Becoming Due; Stay of Execution When Debt Not Due Before Final Judgment

§ 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

§ 18-3-9. Application for Issuance of Writ of Attachment Prior to Judgment; Contents of Application; Procedure

§ 18-3-10. Bond Requirements Generally

§ 18-3-10.1. Service of Process in Action Against Nonresident Plaintiff for Damages

§ 18-3-11. Affidavit for Attachment and Execution of Bond When Debt Due to Partnership or Several Persons Jointly

§ 18-3-12. Persons Who May Be Taken as Security or Surety on a Bond

§ 18-3-13. Procedure for Contesting Sufficiency of Bond; Requirement of Additional Security or New Bond; Failure to Comply

§ 18-3-14. Service of Writ of Attachment on Defendant; Notification of Defendant of Issuance of Attachment

§ 18-3-15. Right of Defendant to Postseizure Hearing

§ 18-3-16. Issuance and Levy of Attachment on Sunday

§ 18-3-17. Courts to Which Attachments Returnable; Applicability of Rules of Civil Practice and Procedure; Filing of Declaration in Attachment; Notice of Declaration

§ 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