Replevy of Property by Defendant Generally Upon Payment of Bond; Amount of Bond; Return of Property by Officer Taking Bond; Right of Plaintiff to Entry of Judgment Upon Bond

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Attachment Proceedings
  5. Levy and Replevy of Property Generally
  6. Replevy of Property by Defendant Generally Upon Payment of Bond; Amount of Bond; Return of Property by Officer Taking Bond; Right of Plaintiff to Entry of Judgment Upon Bond

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  1. When an attachment has been levied upon the property of a defendant, it shall be the duty of the officer levying the attachment to deliver the property levied upon to the defendant upon his giving bond, with good security, payable to the plaintiff in attachment, obligating himself to pay the plaintiff the amount of the judgment and costs that he may recover in the case.
  2. Where the value of the property levied upon, as appraised by the levying officer, is equal to or exceeds the claim of the plaintiff, the bond shall be fixed in an amount equal to the amount claimed to be due. Where the value of the property levied upon, as appraised by the levying officer, is less than the claim of the plaintiff, the bond shall be fixed in an amount equal to twice the value of the property levied upon.
  3. The officer taking the bond shall return the bond with the attachment to the court to which the attachment is returnable, and the plaintiff shall be entitled to entry of judgment against the defendant and his sureties upon the bond for the amount of the judgment and costs entered against the defendant in the case.

(Laws 1799, Cobb's 1851 Digest, p. 71; Laws 1816, Cobb's 1851 Digest, p. 74; Ga. L. 1855-56, p. 25, § 11; Code 1863, § 3232; Code 1868, § 3243; Ga. L. 1872, p. 8, § 1; Code 1873, § 3319; Code 1882, § 3319; Civil Code 1895, § 4567; Civil Code 1910, § 5113; Code 1933, § 8-701.)

RESEARCH REFERENCES

ALR.

- Voluntary dismissal of repleving action by plaintiff as affecting defendant's right to judgment for the return or value of the property, 2 A.L.R. 200.

Recovery for depreciation of property between the date it was replevied and final judgment, 24 A.L.R. 1189.

Replevin for an undivided share in or undivided quantity of a larger mass, 26 A.L.R. 1015.

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.

Liability on bond in replevin as affected by superior title or lien of third person, or seizure thereunder, 36 A.L.R. 1102.

Premium for redelivery bond as item of damages for wrongful attachment, 42 A.L.R. 1057.

Sufficiency of offer or tender to satisfy requirement of judgment or condition of bond in replevin for delivery or redelivery of chattels, 57 A.L.R. 806.

Answering to merits or giving bond for release of attachment as waiver of objections to attachment, 72 A.L.R. 120.

Liability of surety on replevin bond as affected by amendment of pleadings in replevin, 90 A.L.R. 541.

Right of one joint owner of personal property to maintain against third person replevin, detinue, trover, or other action to recover possession or damages, 110 A.L.R. 353.

Recovery of damages in replevin for usable value of property detained, by successful party having only security interest as conditional vendor, chattel mortgagee, or the like, 33 A.L.R.2d 774.

Filing bond to secure release or return of seized property as appearance, 57 A.L.R.2d 1109.

Posting of redelivery bond by defendant in attachment as waiver of damages for wrongful attachment, 57 A.L.R.2d 1376.

Replevin or claim-and-delivery: Modern view as to validity of statute or contractual provision authorizing summary repossession of consumer goods sold under retail installment sales contract, 45 A.L.R.3d 1233.


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