Back to Main Page / Back to List of Rules

Rule 664. Defendant May Replevy


The defendant may, at any time before judgment, replevy any effects, debts, shares, or claims of any kind seized or garnisheed, by giving bond, with two or more good and sufficient sureties to be approved by the officer who issued the writ of garnishment, payable to the plaintiff, in double the amount of the plaintiff's debt, and conditioned for the payment of any judgment that may be rendered against the said garnishee in such suit, which when properly approved shall be filed among the papers in the cause in the court in which the suit is pending. In all proceedings in garnishment where the defendant gives bond as herein provided for, such defendant may make any defense which the defendant in garnishment could make in such suit.

Source: Art 4084, second and third sentences, unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941.


July 11, 1977, eff. Jan. 1, 1978