§ 8-5. Remedy for Failure to Give Bond

§ 8-5. Remedy for Failure to Give Bond

 

(a)When there has been a failure to comply with the provisions of Sections 8-3 and 8-4; the validity of the writ and service shall not be affected unless the neglect is made a ground of a motion to dismiss.

 

(b)If the judicial authority, upon the hearing of the motion to dismiss, directs the plaintiff to file a bond to prosecute in an amount deemed sufficient by the judicial authority, the action shall be dismissed unless the plaintiff complies with the order of the judicial authority within two weeks of such order.

 

(c)Upon the filing of such bond, the case shall proceed in the same manner and to the same effect as to rights of attachment and in all other respects as though the neglect had not occurred. The judicial authority may, in its discretion, order, as a condition to the acceptance of the bond, that the plaintiff pay to the defendant costs not to exceed the costs in full to the date of the order. (See General Statutes § 52-185 and annotations.)