Short answer. If the attaching party wins, the court applies your deposit to satisfy the judgment and refunds any balance to you or your assignee. If you win instead, as the party against whom attachment was issued, the entire deposited sum must be refunded to you or your assignee.
What the law says
Where the party against whom attachment had been issued has deposited money instead of giving counter-bond, it shall be applied under the direction of the court to the satisfaction of any judgment rendered in favor of the attaching party, and after satisfying the judgment the balance shall be refunded to the depositor or his assignee. If the judgment is in favor of the party against whom attachment was issued, the whole sum deposited must be refunded to him or his assignee.
Rule 57, Section 18 — Disposition of money deposited. Read the full provision →
A cash deposit as an alternative to a counter-bond
Rule 57, Section 18 addresses the situation where the party facing attachment chose to deposit money with the court rather than securing and posting a counter-bond. This deposit serves the same protective function the counter-bond would have — keeping the property itself from being seized while still giving the attaching party a fund to draw from if they ultimately prevail. Depositing cash can be simpler than arranging a bond with a surety company, since it avoids bond premiums and underwriting requirements, though it ties up the depositor's own money for as long as the case remains pending.
What happens if the attaching party wins
If judgment is rendered in favor of the attaching party, the court directs the deposited money to be applied to satisfy that judgment. Only after the judgment is satisfied does any remaining balance get refunded — and it goes to the depositor or that person's assignee, not to the winning party. This means the attaching party cannot simply keep whatever was deposited outright; the court applies only what is needed to cover the judgment amount, and any excess still belongs to the depositor rather than becoming a windfall for the party who won the case.
What happens if the depositor wins instead
If, instead, judgment favors the party against whom attachment was issued — the depositor — the section is unambiguous: the whole sum deposited must be refunded to that party or their assignee. There is no partial retention or offset in that scenario; the full deposit comes back. That full refund happens automatically once judgment favors the depositor, without the depositor needing to file a separate motion or prove any additional entitlement, because the deposit was only ever meant to secure a judgment for the attaching party, and that possibility no longer exists once the depositor prevails.
Related provisions
- Rule 57, Section 18 — Disposition of money deposited
- Rule 57, Section 5 — Manner of attaching property
- Rule 57, Section 19 — Disposition of attached property where judgment is for party against whom attachment was issued