Short answer. The applicant must post a bond, in the amount the court fixes in its order granting the writ, that is conditioned on paying you all costs the court may award and all damages you sustain because of the attachment, if the court eventually rules the applicant was not entitled to it.

What the law says

The party applying for the order must thereafter give a bond executed to the adverse party in the amount fixed by the court in its order granting the issuance of the writ, conditioned that the latter will pay all the costs which may be adjudged to the adverse party and all damages which he may sustain by reason of the attachment, if the court shall finally adjudge that the applicant was not entitled thereto.

Rule 57, Section 4 — Condition of applicant' s bond. Read the full provision →

The bond is a precondition, not an afterthought

Rule 57, Section 4 requires the party who applied for a writ of attachment to post a bond after the order granting the writ has been issued, before the attachment can actually be carried out against the adverse party's property. The court itself fixes the amount in the order granting the writ, so the applicant does not choose the figure.

What the bond is conditioned on

The bond is executed in favor of the adverse party — the person whose property is being attached — and is conditioned on two things: paying whatever costs the court may adjudge against the applicant, and covering all damages the adverse party sustains because of the attachment. Both obligations, however, only become due if the court later finally rules that the applicant was not actually entitled to the attachment.

A safeguard against wrongful attachment

This structure exists because attachment is a harsh, provisional remedy that can seize a person's property before the underlying case is even decided. Requiring a bond upfront gives the party whose property is attached a concrete source of recovery if it later turns out the attachment should never have been issued in the first place, rather than leaving them to chase an applicant who may no longer have the means, or the willingness, to pay for the harm caused.

What the bond does not cover

The bond specifically secures costs and damages caused by the attachment itself — it is not a general insurance policy against losing the underlying case. A party who is properly attached, and who then loses the main case on the merits, has no claim against this particular bond; the bond only comes into play once the court finally rules that the attachment specifically was wrongful.

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.