No writ of attachment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in consequence of the issuance of the writ of attachment in the event that the amount claimed to be due was not due, that no lawful ground for issuance of the attachment existed, or that the property sought to be attached was not subject to attachment. The bond shall be in a sum equal to twice the amount claimed due in the plaintiff's application. The bond shall be presented to the clerk of the court where the application provided for in Code Section 18-3-9 is sought to be filed for approval by such clerk prior to filing of the writ of attachment.
(Laws 1833, Cobb's 1851 Digest, p. 83; Ga. L. 1855-56, p. 25, § 3; Code 1863, § 3190; Code 1868, § 3201; Code 1873, § 3266; Code 1882, § 3266; Ga. L. 1892, p. 56, § 1; Civil Code 1895, § 4512; Civil Code 1910, § 5057; Code 1933, § 8-111; Ga. L. 1980, p. 1065, § 2.)
RESEARCH REFERENCES2C Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, §§ 385, 452.
ALR.
- Liability on attachment bond as affected by lack of levy or by invalid levy, 108 A.L.R. 917.
Recovery of value of use of property wrongfully attached, 45 A.L.R.2d 1221.
Right to recover attorney's fees for wrongful attachment, 65 A.L.R.2d 1426.
What constitutes malice sufficient to justify an award of punitive damages in action for wrongful attachment or garnishment, 61 A.L.R.3d 984.