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. (Sps.
Yu vs. Ngo Yet, [2007]).
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