I won my replevin case and I'm entitled to recover on a bond that was filed during the proceedings — what procedure do I follow to actually claim that money?

One shared procedure for every replevin bond

Rule 60, Section 10 does not set out a distinct process for claiming damages on the various bonds that can arise during a replevin case — the applicant's bond, the adverse party's re-delivery bond, or the third-party claimant's indemnity bond. Instead, it directs all such claims to the same procedure the Rules already established for damages on a wrongful preliminary attachment bond, covering the notice, hearing, and proof needed to have the amount fully ascertained and awarded. Whichever bond is at issue, the claimant follows that one borrowed track rather than searching Rule 60 itself for a separate damages mechanism.

Consistency across the provisional remedies

This cross-reference matches the same approach taken elsewhere in the Rules for preliminary injunction bonds and for receivership bonds. By reusing the attachment-bond procedure across all of these provisional remedies, the Rules of Court keep the mechanics of claiming, ascertaining, and being granted bond damages uniform rather than inventing an entirely separate process for each individual remedy, which spares litigants from having to learn an entirely different set of steps for every distinct kind of bond. The borrowed procedure does not by itself create liability on a bond where none otherwise exists; it only supplies the mechanism for claiming, proving, and collecting an amount already owed, so the party seeking recovery still has to establish an actual, provable loss traceable to the specific bond invoked, not merely to the fact that a bond happened to be posted.

Applies broadly to any bond filed under this Rule

The section's language — any bond filed in accordance with the provisions of this Rule — is not limited to a single type of replevin bond. Whichever bond was filed in the course of the case, if there is an amount to be awarded to a party on it, that award is claimed and granted through the same borrowed attachment-bond procedure, at the trial of the main action rather than in a separate proceeding. This breadth means a litigant does not need to identify a specific damages provision tailored to the exact bond in question before this section applies to it.

Related provisions

• Rule 60, Section 10 — Judgment to include recovery against sureties
• Rule 60, Section 9 — Judgment
• Rule 60, Section 6 — Disposition of property by sheriff