§ 1234.Discharge of Attachment - Proceedings
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1234
Amendment History
R.L. 1910, § 4855.
Plain-English Summary
If the defendant wins the underlying action, the attachment is discharged and the property, or its proceeds, comes back to him. That's separate from what happens when an attachment or garnishment gets discharged earlier, on motion, before final judgment.
In that earlier scenario, the defendant may still recover damages for the wrongful attachment or garnishment, the same as in any other wrongful attachment case, but only after filing a proper supplemental answer.
Frequently Asked Questions
What happens to attached property if the defendant wins the case?
The attachment is discharged and the property, or its proceeds, is returned to him.
Can a defendant get damages for a wrongful attachment?
Yes -- if the attachment or garnishment is discharged on motion before final judgment, he may recover damages for it, as in other wrongful attachment cases.
Does the defendant need to do anything special to seek those damages?
Yes -- he has to file a proper supplemental answer.