§ 10-5-17. Release of real estate on bond.
The director of the department of public safety or his or her designee wherein any
officer commanded by any original writ or writ of mesne process to attach the real
estate or right, title, and interest in the real estate of any defendant has attached
the real estate or defendant's right, title, and interest therein, by himself or herself
release and discharge the attachment upon the public records at any time after the
attachment and before final judgment or decree:
(1) Upon being tendered a bond, running to the division of sheriffs, by the defendant
or someone in his or her behalf with sufficient surety, which surety shall be a surety
corporation authorized so to act in this state, in the penal sum of the amount of
damages stated in the writ, with condition that the bond shall be null and void if
there is a settlement or discontinuance of the action or cause, or if the final judgment
or decree in the action or cause in which the writ of attachment was served shall
be immediately paid and satisfied after the rendition of the final judgment or decree,
or if the execution issued in the writ be returned satisfied, or if final judgment
or decree in the action or cause is for the defendant, or upon the happening of any
event which, ipso facto, would have resulted in the extinguishment of the lien of
the attachment had the attachment not been released and discharged pursuant to the
provisions of this section; or
(2) Upon payment by a defendant, or by someone in his or her behalf, of the amount of
damages stated in the writ, into the registry of the court in which the action or
cause is then pending, and the clerk thereof shall immediately notify the sheriff
of the fact of the payment and thereafter shall pay from the amount so deposited to
the plaintiff, if final judgment or decree is in his or her favor, so much thereof
as may be required to satisfy his or her execution, and shall pay the balance, if
any, of the amount so deposited, with actual accrued interest, if any, to the defendant,
and if judgment or decree in the action or cause is for defendant, in the event upon
presentation of execution in his or her favor, the amount so deposited, with actual
accrued interest, if any, shall be immediately paid to the defendant, but such amount
may at any time be paid by the clerk as the parties may by their agreement stipulate,
or as the court upon motion of any party in interest may direct.