If I'm entitled to recover damages against a bond that was filed in my receivership case, what procedure do I actually follow to claim and collect that amount?

One borrowed procedure for every receivership bond

Rule 59, Section 9 does not create a separate procedure for claiming damages on the various bonds that can arise in receivership proceedings — the applicant's bond, the receiver's bond, or an adverse party's counter-bond. Instead, it directs that all such claims follow the same procedure the Rules already established for damages on a wrongful preliminary attachment bond. That means the claimant, the notice required, and the manner of proving the loss are all governed by that borrowed procedure rather than by any receivership-specific rule.

Consistency across provisional remedies

By cross-referencing the same attachment-bond procedure used for preliminary attachment bonds, and echoed for preliminary injunction bonds elsewhere in the Rules, this section keeps the mechanics of claiming, ascertaining, and being granted bond damages consistent across the different provisional remedies in the Rules of Court, rather than each Rule inventing its own process. A lawyer or litigant who has handled an attachment-bond damages claim is, in effect, already equipped to handle a receivership-bond one, since the notice, hearing, and proof requirements carry over unchanged.

Applies to any bond filed under this Rule

The section's language is broad — any bond filed in accordance with the provisions of this Rule — meaning it is not limited to just one type of receivership bond. Whatever bond was filed under Rule 59, if there is an amount to be awarded to a party on it, that award follows the same borrowed attachment-bond procedure, claimed and proved at the trial of the main action rather than through a separate suit on the bond. This breadth avoids litigating the same question of procedure separately for each different kind of bond that might arise over the course of a single receivership. The borrowed procedure does not create liability where none otherwise exists; it only supplies the mechanism for claiming, proving, and collecting an amount already owed on a bond that was in fact filed, so a party still has to establish an actual, provable loss traceable to that specific bond.

Related provisions

• Rule 59, Section 9 — Judgment to include recovery against sureties
• Rule 59, Section 2 — Bond on appointment of receiver
• Rule 59, Section 3 — Denial of application or discharge of receiver