Release of property or credits from attachment; sufficiency of undertaking

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(a) Either the defendant or the person in whose possession the property is attached may obtain a release of the property from the attachment, after it has been taken into the custody of the marshal and the writ has been returned, by giving the undertaking required of him by section 16-509, with security to be approved by the court.

(b) The plaintiff may except to the sufficiency of the undertaking accepted by the marshal and, if the exceptions are sustained, the court shall require a new undertaking, with sufficient surety, by a day to be named, in default of which the marshal shall be liable to the plaintiff on his official bond for any loss sustained by the plaintiff through the default.

(c) Either the defendant or the person in whose possession credits are attached may obtain a release of the credits from the attachment by filing an undertaking with security to be approved by the court.

(Dec. 23, 1963, 77 Stat. 547, Pub. L. 88-241, § 1.)

Prior Codifications

1981 Ed., § 16-510.

1973 Ed., § 16-510.

Section References

This section is referenced in § 16-527.


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