When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent, or his attorney may file an affidavit stating that he has a good defense to the action, that the bond given in the action is not a good bond, and stating the ground of its insufficiency. When the affidavit is made and delivered to the levying officer, the officer shall return such attachment together with the affidavit forthwith to the judge issuing the attachment. The judge issuing the attachment shall without delay hear testimony as to the sufficiency of the bond and may in his discretion require additional security or a new bond to be given within such time as he may prescribe. If the plaintiff fails to provide such additional security or new bond, the judge shall dismiss the levy made under the attachment.
(Ga. L. 1873, p. 29, § 2; Code 1873, § 3271; Code 1882, § 3271; Ga. L. 1892, p. 56, § 2; Civil Code 1895, § 4517; Ga. L. 1899, p. 37, § 1; Civil Code 1910, § 5062; Code 1933, § 8-113; Ga. L. 1980, p. 1065, § 3.)
RESEARCH REFERENCES
ALR.
- Constitutionality of statute prescribing conditions of right of defendant in foreign attachment to appear and defend, 17 A.L.R. 884.
Duty to give bond and procure return of property in order to mitigate damages from its wrongful seizure under legal process, 33 A.L.R. 1479.
Value of attached property as limit of liability on bond to release attachment, 80 A.L.R. 595.
Liability on attachment bond as affected by lack of levy or by invalid levy, 108 A.L.R. 917.