General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES |
TITLE II. ACTIONS AND PROCEEDINGS THEREIN |
CHAPTER 223. COMMENCEMENT OF ACTIONS, SERVICE OF PROCESS |
SECTION 120. Dissolution of attachment upon giving of bond
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A defendant whose property has been attached in a civil action may at any time dissolve the attachment by giving a bond with sufficient sureties, who shall be approved by the plaintiff or by his attorney in writing, by a master in chancery, or by a justice of a court if the attachment is made within the jurisdiction of such justice, conditioned to pay the plaintiff, within thirty days from the expiration of the time to appeal such final judgment, or within thirty days of the entry of an order of the supreme judicial court or the appeals court affirming such final judgment, such amount, if any, as he may recover; and also to pay to the plaintiff, within thirty days from the expiration of the time to appeal a special judgment entered in accordance with the provisions of chapter two hundred and thirty-five, the amount, if any, for which such special judgment shall be entered. Sureties shall not be sufficient unless they are satisfactory to the plaintiff or unless the magistrate finds that each, if there are only two, is worth, in excess of his indebtedness, an amount equal to that for which the attachment is made; or, if there are more than two, that they are together worth twice such amount.