Title 18, Chapter 4, Section 43
( 18-4-43)
No summons of garnishment prior to judgment 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 summons of garnishment in the event that the
amount claimed to be due was not due, or that no lawful ground for
the issuance of such garnishment prior to judgment existed, or that
the property sought to be garnisheed was not subject to garnishment.
Such 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 this
article is sought to be filed, for approval by the clerk prior to
making application to the judge of the court for the writ of
garnishment. |