Texas Civil Practice and Remedies Code 61.023 – Bond
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(a) Before a writ of attachment may be issued, the plaintiff must execute a bond that:
(1) has two or more good and sufficient sureties;
(2) is payable to the defendant;
(3) is in an amount fixed by the judge or justice issuing the writ; and
(4) is conditioned on the plaintiff prosecuting his suit to effect and paying all damages and costs adjudged against him for wrongful attachment.
(b) The plaintiff shall deliver the bond to the officer issuing the writ for that officer’s approval. The bond shall be filed with the papers of the case.
Terms Used In Texas Civil Practice and Remedies Code 61.023
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.