811.17.Exception to defendant’s sureties; release of property; costs.

A defendant’s bond under section 811.16 is not automatically the last word on releasing attached property. Section 811.17 gives the plaintiff a chance to test it. The officer gives the plaintiff a copy of the bond, along with notice of when it was delivered, and the plaintiff then has three days to either except to the sureties — object to them — or waive all objections.

If the plaintiff does object, the sureties must justify using the same procedure section 810.08 sets out for replevin sureties, borrowing the chapter 810 mechanism rather than creating a separate one. Until that justification happens, or until the plaintiff waives the objection, the officer stays on the hook: the officer is responsible for the sufficiency of the sureties and may keep possession of the attached property in the meantime.

Once the sureties justify, or the objection is waived, the officer delivers the property to the defendant. If real estate was attached, the sheriff also has to record a certificate discharging the attachment in the office of the register of deeds, undoing the recording that section 811.11 required in the first place. And if the plaintiff ultimately recovers in the action, all of the plaintiff’s costs and disbursements connected to the attachment become part of the judgment.