Short answer. File a motion to discharge the attachment in the court where the action is pending. Rule 57, Section 13 lets you move to set aside the attachment on the ground that it was improperly or irregularly issued or enforced, or that the bond is insufficient, and the court resolves it after notice and hearing.
What the law says
for an order to set aside or discharge the attachment on the ground that the same was improperly or irregularly issued or enforced, or that the bond is insufficient
Rule 57, Section 13 — Discharge of attachment on other grounds. Read the full provision →
What the law says
If the attachment is excessive, the discharge shall be limited to the excess.
Rule 57, Section 13 — Discharge of attachment on other grounds. Read the full provision →
The motion to discharge, and when you can file it
Rule 57, Section 13 gives the owner of attached property a direct route: file a motion with the court in which the action is pending, asking that the attachment be set aside or discharged. Timing is generous — the motion may be brought before or after levy or even after the release of the attached property. You do not need to wait for the sheriff to act, and you do not lose the remedy once he has. The motion is addressed to the same court that issued the writ, not raised in a separate proceeding.
Three grounds for discharge
The section names the grounds: that the attachment was improperly or irregularly issued or enforced, that the bond is insufficient, or that the attachment is excessive. Improper issuance goes to substance — the case never fit any ground for attachment in the first place. Irregular enforcement goes to how the writ was carried out. An insufficient bond attacks the security that is supposed to protect you if the attachment proves wrongful. Excess is treated differently from the rest: If the attachment is excessive, the discharge shall be limited to the excess — the writ survives, but only to the extent actually justified.
How the court hears the motion
If the motion is made on affidavits, the attaching party may oppose the motion by counter-affidavits or other evidence in addition to that on which the attachment was made. The court then decides after due notice and hearing — this is a contested incident, not something resolved on the papers alone. One phrase deserves attention: the court orders discharge if the defect is not cured forthwith. The attaching creditor gets a chance to fix a curable defect, such as topping up an insufficient bond, so a technical slip does not automatically end the attachment.
Preparing the motion
Start from the writ and the attachment bond themselves: identify precisely which requirement was missed, which ground was claimed but unsupported, or why the amount attached outruns the claim. Then match your evidence to the ground — affidavits from people who know the facts, the contract or records showing the debt was honestly contracted, valuations showing excess. Because the attaching party can answer with counter-affidavits, a bare assertion that the writ was improper rarely carries the day; the motion should make the defect concrete enough that it cannot be cured forthwith, or show the case never belonged in attachment at all.