Short answer. Move for the discharge of the attachment, wholly or in part, and offer security in its place. After notice and hearing, the court shall order the discharge if you make a cash deposit or file a counter-bond in the amount fixed in the order of attachment, or the value of the particular property you want released.

What the law says

The court shall, after due notice and hearing, order the discharge of the attachment if the movant makes a cash deposit, or files a counter-bond executed to the attaching party with the clerk of the court where the application is made, in an amount equal to that fixed by the court in the order of attachment, exclusive of costs.

Rule 57, Section 12 — Discharge of attachment upon giving counter. Read the full provision →

The mechanism: substitute security for property

Attachment ties up your property as security while the case is fought. The Rules let you swap that security for another: the party whose property has been attached, or the person appearing on his behalf, may move for the discharge of the attachment wholly or in part on the security given. The motion is heard — after due notice and hearing — and if the required deposit or counter-bond is in place, the discharge is not discretionary: the court shall order it. You are not asking a favour; you are exercising a right the rule grants on stated conditions.

How much security is required

The default measure is the attachment itself: a cash deposit or a counter-bond in an amount equal to that fixed by the court in the order of attachment, exclusive of costs. But the rule prices partial relief differently: if the attachment is sought to be discharged with respect to a particular property, the counter-bond shall be equal to the value of that property as determined by the court. That option matters when one attached asset — the delivery truck, the shop premises — is worth far less than the total claim but is the asset your livelihood needs back. You can target the release and bond only its value.

What the counter-bond actually promises

The substitution is real, not cosmetic: the cash deposit or the counter-bond shall secure the payment of any judgment that the attaching party may recover in the action. Once discharge is ordered, the attached property or the proceeds of any sale are delivered back, the deposit or counter-bond aforesaid standing in place of the property so released. Understand what this means before you post it: you have not defeated the attachment, you have replaced its subject. Lose the case, and the judgment is collected against the deposit or enforced against the bond — the fight over the merits continues exactly as before.

Keep the bond sufficient

The rule has a tail worth remembering: should such counter-bond for any reason be found to be or become insufficient, and the party furnishing the same fail to file an additional counter-bond, the attaching party may apply for a new order of attachment. A bonding company's troubles, or a finding that the bond no longer covers what it should, can put your property back in jeopardy unless you shore the security up. Practically: use a surety the courts accept, calendar the bond's renewal, respond promptly if its sufficiency is challenged, and make sure notice of the deposit or bond is served on the attaching party as the rule requires.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.