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Call Now: 904-383-7448When 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.
(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.)
No question of amendment can be entertained, except amendment of bond, and of that only insofar as may be necessary to make the bond conform to law as a bond in support of attachment as originally issued and levied. Lockett v. DeNeufville, 55 Ga. 454 (1875).
- Plaintiff in attachment may amend the plaintiff's bond, "as in other cases at common law." Collins v. Southern Fin. Corp., 51 Ga. App. 400, 180 S.E. 744 (1935).
Amendment of bond which was absolutely void was not authorized by this statute. Copeland & Co. v. Monroe, 16 Ga. App. 586, 85 S.E. 789 (1915).
Filing of attachment bond for first time at trial term was not authorized by statute. Copeland & Co. v. Monroe, 16 Ga. App. 586, 85 S.E. 789 (1915).
Burden of proof is on defendant to show insufficiency of bond. Reid v. Armour Packing Co., 93 Ga. 696, 21 S.E. 131 (1894); Stephens v. Woodson, 8 Ga. App. 639, 70 S.E. 55 (1911).
- Judgment on attachment not void for insufficiency of bond when question not raised in proceeding. Collins v. Southern Fin. Corp., 51 Ga. App. 400, 180 S.E. 744 (1935).
- Contract made by minor not void, but is voidable only; it is therefore no ground for dismissal of attachment that surety upon attachment bond executed by plaintiff in attachment was a minor. Benjamin v. Pardue, 44 Ga. App. 587, 162 S.E. 291 (1932).
Cited in Gregory v. Clark, 73 Ga. 542 (1884); Reid v. Armour Packing Co., 93 Ga. 696, 21 S.E. 131 (1894); Kesler v. Groover, 58 Ga. App. 548, 199 S.E. 332 (1938); Kitson v. Hawke, 231 Ga. 157, 200 S.E.2d 703 (1973); Hagopian v. Consolidated Equities Corp., 397 F. Supp. 934 (N.D. Ga. 1975).
- Constitutionality of statute prescribing conditions of right of defendant in foreign attachment to appear and defend, 17 A.L.R. 884.
Duty to give bond and procure return of property in order to mitigate damages from its wrongful seizure under legal process, 33 A.L.R. 1479.
Value of attached property as limit of liability on bond to release attachment, 80 A.L.R. 595.
Liability on attachment bond as affected by lack of levy or by invalid levy, 108 A.L.R. 917.
No results found for Georgia Code 18-3-13.