Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 120 (2026)

Dissolution of attachment upon giving of bond

✓ current as of July 2026

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Section 120. A defendant whose property has been attached in a civil action may at any time dissolve the attachment by giving a bond with sufficient sureties, who shall be approved by the plaintiff or by his attorney in writing, by a master in chancery, or by a justice of a court if the attachment is made within the jurisdiction of such justice, conditioned to pay the plaintiff, within thirty days from the expiration of the time to appeal such final judgment, or within thirty days of the entry of an order of the supreme judicial court or the appeals court affirming such final judgment, such amount, if any, as he may recover; and also to pay to the plaintiff, within thirty days from the expiration of the time to appeal a special judgment entered in accordance with the provisions of chapter two hundred and thirty-five, the amount, if any, for which such special judgment shall be entered. Sureties shall not be sufficient unless they are satisfactory to the plaintiff or unless the magistrate finds that each, if there are only two, is worth, in excess of his indebtedness, an amount equal to that for which the attachment is made; or, if there are more than two, that they are together worth twice such amount.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1925–2023 · leading case: Creed v. Apog, 386 N.E.2d 1273 (Mass. 1979).

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Creed v. Apog, 386 N.E.2d 1273 (Mass. 1979). “On motion of the defendants the judge ordered the attachment reduced to $200,000, after which the defendants caused the attachment to be dissolved by filing a surety company bond therefor as provided in G. L. c. 223, § 120. In order to obtain this bond, the defendants were…”

Marcus v. Pearce Woolen Mills, Inc., 233 N.E.2d 29 (Mass. 1968). “Further, an attachment may be dissolved by the posting of a bond, G. L. c. 223, § 120, and on a favorable disposition of the claim, the costs of the bond, or of the summary discharge proceedings, may be recovered.”

Bullock, 254 Mass. 14 (Mass. 1925). “While, proceedings on the motion to reduce the attachment were pending but before the order reducing the attachment, the plaintiff gave a partial release of the attachment in return for a bond in proper form in the penal sum of $600 delivered to and retained by him, without…”

Arlington Trust Co. v. Le Vine, 291 Mass. 245 (Mass. 1935). “G. L. c. 223, §§ 120, 125. As shown above, the earlier act applied to attachments by trustee process.”

Giatas v. Demoulos, 170 N.E. 921 (Mass. 1930). “See G. L. c. 223, § 120. There was “evidence, .”

Woogmaster v. Cutler, 252 Mass. 376 (Mass. 1925). “167, §§ 116, 117 and 119, in force at the time, now G. L. c. 223, §§ 120, 121, 123. This is set forth in substance in the motion for filing the bonds.”

Boston Capital Funding, LLC v. BEK Winchester Winning Farm LLC (Mass. App. Ct. 2023). · cites it 2× “BEK dissolved the attachment by filing a surety bond pursuant to G. L. c. 223, § 120 (bond of dissolution).”

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