Where
there is wrongful attachment, the attachment defendant may recover actual
damages even without proof that the attachment plaintiff acted in bad faith in
obtaining the attachment. However, if it is alleged and established that the
attachment was not merely wrongful but also malicious, the attachment defendant
may recover moral damages and exemplary damages as well. Either way, the
wrongfulness of the attachment does not warrant the automatic award of damages
to the attachment defendant; the latter must first discharge the burden of
proving the nature and extent of the loss or injury incurred by reason of the
wrongful attachment.
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