§ 1230.Bond to Discharge Attachment
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1230
Amendment History
R.L. 1910, § 4851.
Plain-English Summary
Any time before judgment, the defendant, or someone acting for him, can file an undertaking with the court, executed by one or more sureties who live in the county, promising the plaintiff that the defendant will perform whatever judgment the court enters. That bond has to run double the amount stated in the plaintiff's claim affidavit. Once the court approves it, the attachment is discharged, and any property taken under it, or its proceeds, comes back to the defendant.
The same bond also releases a garnishee in the action -- any liability he had for the defendant's property in his hands ends once the undertaking is filed.
Frequently Asked Questions
Can a defendant get attached property back before the case ends?
Yes, by filing a bond before judgment, guaranteeing he'll perform whatever judgment the court enters.
How big does this bond need to be?
Double the amount of the plaintiff's claim as stated in his affidavit.
Who can act as surety on this bond?
One or more sureties who reside in the county, approved by the court.
Does this bond release a garnishee too?
Yes -- it also discharges a garnishee's liability for the defendant's property he's holding in the same action.