§ 18-3-10. Bond Requirements Generally
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 […]
§ 18-3-10.1. Service of Process in Action Against Nonresident Plaintiff for Damages
When a person who has been a defendant in attachment desires to bring an action against the plaintiff for damages, and the plaintiff in attachment does not reside in this state, it shall be sufficient to serve the complaint and summons on the security to the bond given by the plaintiff, and the action may […]
§ 18-3-11. Affidavit for Attachment and Execution of Bond When Debt Due to Partnership or Several Persons Jointly
When the debt, for the recovery of which the attachment is sought, is due to a partnership or is due to several persons jointly, any one of the partners or joint creditors, his agent, or his attorney at law may make the affidavit and give the bond as prescribed and sign the names of the […]
§ 18-3-12. Persons Who May Be Taken as Security or Surety on a Bond
No person shall be taken as security or surety on any attachment bond who is an attorney for the plaintiff or a nonresident, except such nonresident who is possessed of real estate in the county where the attachment issues which is the value of the amount of such bond. History. Ga. L. 1873, p. 29, […]
§ 18-3-13. Procedure for Contesting Sufficiency of Bond; Requirement of Additional Security or New Bond; Failure to Comply
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 […]
§ 18-3-1. Grounds for Attachment
Attachments may issue when the debtor: Resides out of the state; Moves or is about to move his domicile outside the limits of the county; Absconds; Conceals himself; Resists legal arrest; or Is causing his property to be removed beyond the limits of the state. History. Laws 1799, Cobb’s 1851 Digest, p. 69; Ga. L. […]
§ 18-3-2. Right to Seek Attachment on Money Demands Generally
In all cases of money demands, whether arising ex contractu or ex delicto, the plaintiff shall have the right to seek attachment when the defendant places himself in such situation as will authorize a plaintiff to seek attachment. History. Ga. L. 1857, p. 23, § 1; Code 1863, § 3199; Code 1868, § 3210; Code […]
§ 18-3-3. Attachment Prior to Debt Becoming Due; Stay of Execution When Debt Not Due Before Final Judgment
When the debt is not due, the debtor shall be subject to attachment in the same manner and to the same extent as in cases where the debt is due, except that, where the debt does not become due before final judgment, execution upon the judgment shall be stayed until the debt is due. History. […]
§ 18-3-4. Attachment After Action Commenced; Effect of Judgment on Pending Action
In all cases where the plaintiff has commenced an action for the recovery of a debt and the defendant, during the pendency of such action, shall become subject to attachment, the plaintiff may have an attachment against the defendant; and all the proceedings in relation to the same shall be as prescribed in relation to […]
§ 18-3-5. Attachment Against Administrator or Executor; Entry of Final Judgment
Process of attachment may issue against an administrator of an estate or the executor of the last will and testament of any deceased person, as in other cases, when the administrator or executor actually removes or is about to remove the property of the deceased person outside the limits of any county, provided that final […]