§ 7-121 — Irresponsible surety; procedure

In all actions or proceedings in which an injunction, attachment or garnishment bond is executed, the defendant may at any time present to the court a statement in writing, under the oath of the defendant or his agent or attorney, that the sureties or a surety on the bond was at the time of becoming a surety, not responsible as such surety, or has become irresponsible since the execution of the bond. Thereupon the court shall cause a notice of the statement to be served upon the plaintiff, and shall cite the plaintiff to appear and show cause within five days after the service of notice why the plaintiff should not be required to execute a new and sufficient bond.