Short answer. Yes. Once the judgment becomes executory, the surety or sureties on the counter-bond become charged and bound to pay you, the judgment obligee, the amount due upon demand, which you may recover from them after notice and a summary hearing in the same action.

What the law says

bond. – When the judgment has become executory, the surety or sureties on any counter-bond given pursuant to the provisions of this Rule to secure the payment of the judgment shall become charged on such counter-bond and bound to pay the judgment obligee upon demand the amount due under the judgment, which amount may be recovered from such surety or sureties after notice and summary hearing in the same action.

Rule 57, Section 17 — Recovery upon the counter. Read the full provision →

The counter-bond exists precisely for this moment

Rule 57, Section 17 explains what happens to a counter-bond a defendant posted earlier in the case to keep their property from being attached, once the case is finally decided against them. The counter-bond was accepted in place of actual attached property specifically to secure eventual payment of the judgment, and this section is where that security finally becomes payable. In effect, the surety who backed the counter-bond stood in for the attached property itself, so the judgment obligee is not left worse off simply because the defendant avoided an actual levy.

The trigger is the judgment becoming executory

The surety's obligation to pay is not triggered by the mere entry of judgment, but by the judgment becoming executory — meaning it is final and ready to be enforced, with no appeal or other proceeding left to disturb it. At that point, the surety or sureties become charged on the counter-bond and bound to pay the judgment obligee the amount due upon demand, without the judgment obligee needing to first attempt collection against the defendant personally.

Recovery follows a summary hearing, not a new lawsuit

Rather than requiring the winning party to file a fresh, separate action against the surety, the section allows recovery from the surety after notice and a summary hearing conducted in the same action where the judgment was rendered. This keeps enforcement against the counter-bond efficient and tied to the original case, sparing the judgment obligee the delay and expense of an entirely new proceeding just to collect against security that was posted specifically for this purpose.

Why this protects the judgment obligee's expectations

A defendant who posts a counter-bond is, in effect, telling the court and the opposing party that the surety's promise to pay is just as good as the attached property would have been. Section 17 holds the defendant and surety to that bargain once judgment becomes executory, so a party who wins the case is not left without a practical remedy simply because the defendant managed to avoid an actual attachment earlier in the proceedings.

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.