Title 18, Chapter 4, Section 81
( 18-4-81)
When the defendant files his traverse, the garnishee is not relieved
of filing an answer, nor is the garnishee relieved of delivering the
money or other property of the defendant which is subject to the
garnishment to the court, unless the defendant files in the clerk's
office of the court where the garnishment is pending a bond with
good security, in favor of the plaintiff, conditioned for the
payment of any judgment that may be entered in the proceeding. The
bond shall be subject to approval by the clerk of the court; and,
upon receipt of a bond deemed acceptable by the clerk, it shall be
his duty to issue a release of any summons of garnishment pending in
the garnishment proceeding. If the plaintiff shall prevail in the
proceeding, he shall be entitled to entry of judgment upon such bond
against the principal and securities therein, as judgment may be
entered against securities upon appeal. Where the defendant files a
bond, no further garnishment process may be filed in any court by
the plaintiff against the defendant until the issues raised by the
defendant's pleadings are decided. |