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
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