§ 1-15-105 — Writs; release of property or discharge of writ; undertaking required; objections to defendant's sureties; liability of sureties

(a) At any time, either before or after the execution of a
writ of attachment, replevin or garnishment, the defendant may
obtain a release of any property or a discharge of the writ as
follows:
(i) To secure a discharge of the attachment or
garnishment the defendant shall furnish a bond, with sufficient
sureties, in a sum of not less than double the amount claimed by
the plaintiff, but not less than fifty dollars ($50.00) in
amount. The conditions of the bond shall be to the effect that
if the plaintiff recovers judgment, the defendant will pay the
judgment together with interest and all costs assessed against
him, not exceeding the sum specified in the bond;
(ii) To secure a release of property seized under a
writ of attachment, replevin or garnishment, the defendant shall
furnish a bond, with sufficient sureties, in a sum not less than
the value of the property to be released, but in no case in an
amount greater than necessary to obtain a discharge of the writ
under paragraph (i) of this subsection. The conditions of the
bond shall be to the effect that if the plaintiff recovers
judgment, the defendant will pay the judgment, together with
interest and all costs assessed against him, not exceeding the
sum specified in the bond.
(b) The bond required by subsection (a) of this section
shall be delivered to the sheriff at or before the time of
service of the writ of attachment, replevin or garnishment. If
the release or discharge is sought after the writ has been
executed or the property seized, the defendant shall apply to
the court, upon reasonable notice to the plaintiff, for an order
releasing the property or discharging the writ.
(c) The bond required by subsection (a) of this section
shall be filed with the court, and a copy of the bond served
upon the plaintiff. Within five (5) days, excluding Saturdays,
Sundays and legal holidays, after the plaintiff is served with
notice of the filing of the bond required by subsection (a) of
this section the plaintiff may object to the amount of the bond
or the sufficiency of defendant's sureties, by serving upon the
defendant and filing with the court a motion for hearing on
objection to bond.
(d) Upon demand of the plaintiff, each surety shall appear
at the hearing requested under subsection (c) of this section,
and be subject to examination as to the surety's pecuniary
responsibility or the validity of the execution of the bond.
Upon hearing, the court shall approve or reject the bond as
filed or require any amended, substitute or additional bond as
the circumstances warrant.
(e) Upon a discharge of the writ or release of the
property under this section, all of the property released, if
not sold, and the proceeds of any sale of the property, shall be
delivered to the defendant. The release or discharge by the
court shall not be effective until the time for plaintiff to
object to the amount of the bond or the sufficiency of the
defendant's sureties has expired.
(f) The bond required by this section shall, in addition
to other requirements, provide that each surety is subject to
the jurisdiction of the court and irrevocably appoints the clerk
of the court as his agent upon whom any papers affecting the
liability of the surety on the bond may be served, and that his
liability may be enforced on motion and upon notice as the court
may require without the necessity of an independent action.