This case has been cited 1 times or more.
|
2006-09-12 |
CALLEJO, SR., J. |
||||
| SEC. 20. Claim for damages on account of improper, irregular or excessive attachment. - An application for damages on account of improper, irregular or excessive attachment must be filed before the trial or before appeal is perfected or before the judgment becomes executory, with due notice to the attaching party and his surety or sureties, setting forth the facts showing his right to damages and the amount thereof. Such damages may be awarded only after proper hearing and shall be included in the judgment on the main case. An application for damages against the bonds must be filed in the same case where the bond was issued, either (a) before the trial or (b) before the appeal is perfected or (c) before the judgment becomes executory.[25] The principal party and his surety or sureties must be notified of said application. This rule is mandatory.[26] In the absence of due notice to the surety, no judgment for damages may be entered and executed against it.[27] | |||||