reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–508. Attachment of real property

§ 16–508. Attachment of real property.
An attachment is sufficiently levied on the lands and tenements of the defendant by:
(1) mentioning and describing the property in an indorsement on the attachment, made by the officer to whom it is delivered for service, to the following effect:
“Levied on the following estate of the defendant, A B, to wit: (Here describe) this __ day of ____. C D, Marshal.”; and
(2) serving a copy of the attachment, with the indorsement, and the notice required by section 16-502, on the person, if any, in possession of the property.
(Dec. 23, 1963, 77 Stat. 546, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-508.
1973 Ed., § 16-508.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–510. Release of property or credits from attachment; sufficiency of undertaking

§ 16–510. Release of property or credits from attachment; sufficiency of undertaking.
(a) Either the defendant or the person in whose possession the property is attached may obtain a release of the property from the attachment, after it has been taken into the custody of the marshal and the writ has been returned, by giving the undertaking required of him by section 16-509, with security to be approved by the court.
(b) The plaintiff may except to the sufficiency of the undertaking accepted by the marshal and, if the exceptions are sustained, the court shall require a new undertaking, with sufficient surety, by a day to be named, in default of which the marshal shall be liable to the plaintiff on his official bond for any loss sustained by the plaintiff through the default.
(c) Either the defendant or the person in whose possession credits are attached may obtain a release of the credits from the attachment by filing an undertaking with security to be approved by the court.
(Dec. 23, 1963, 77 Stat. 547, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-510.
1973 Ed., § 16-510.
Section References
This section is referenced in § 16-527.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–511. Attachment of credits or partnership interest; retention of property or credits by garnishee

§ 16–511. Attachment of credits or partnership interest; retention of property or credits by garnishee.
(a) An attachment shall be levied upon credits of the defendant, in the hands of a garnishee, by serving the garnishee with a copy of the writ of attachment and of the interrogatories accompanying the writ, and a notice that any property or credits of the defendant in his hands are seized by virtue of the attachment, besides the notice required by section 16-502. The undivided interest of the defendant in a partnership business may be levied upon by a similar service on the defendant’s partner or partners.
(b) Where the property or credits attached or sought to be attached are held by the garnishee in the name of or for the account of a person other than the defendant, the garnishee shall retain the property or credits during the period pending determination by the court of the propriety of the attachment or the rightful owner of the property or credits. During that period, the garnishee shall incur no liability for the retention.
(Dec. 23, 1963, 77 Stat. 547, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-511.
1973 Ed., § 16-511.
Section References
This section is referenced in § 16-515.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–512. Attachment and levy upon wages of nonresident

§ 16–512. Attachment and levy upon wages of nonresident.
An attachment issued under section 16-501 solely on the ground that the defendant is not a resident of the District of Columbia and levied upon wages as defined in section 16-571 shall be subject to the provisions of subchapter III of this chapter; except that the employer-garnishee shall pay over the wages withheld pursuant to that subchapter only pursuant to the order of the court which has jurisdiction of the case. In applying the provisions of that subchapter to any such attachment, the term “judgment debtor”, as used therein, means the defendant in the case in which the attachment is issued; and the term “judgment creditor”, as used therein, means the plaintiff in such case.
(Dec. 23, 1963, 77 Stat. 547, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-512.
1973 Ed., § 16-512.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–513. Advance payment of wages to avoid attachment or garnishment

§ 16–513. Advance payment of wages to avoid attachment or garnishment.
It is unlawful for an employer to pay salary or earnings to an employee in advance of the time they are due and payable, for the purpose of avoiding or preventing an attachment or garnishment against the earnings or salary of the employee, and such an advance payment, as to the attaching creditor, is void.
After the service of one writ of attachment or garnishment on a judgment against an employer, any payment of salary or earnings thereafter before the time when the salary or earnings are due and payable made within a period of six months after the date of service of the writ or before the earlier satisfaction of the judgment, whichever is the earlier, is as to such attaching creditor presumed to be in violation of this section and casts upon the employer the burden of proving that the advance payment or payments were not for the purpose of avoiding the attachment of the salary or earnings.
(Dec. 23, 1963, 77 Stat. 548, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-513.
1973 Ed., § 16-513.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–514. Credits or property held for two or more persons or in representative capacity

§ 16–514. Credits or property held for two or more persons or in representative capacity.
When a writ of attachment is served on a garnishee, and the garnishee holds a credit or property for two or more persons, including the person whose credit or property is sought to be attached, or holds a credit or property for a person as agent or trustee or in any other representative capacity without designation of the principal or beneficiary, the credit or property is not subject to withdrawal by any person, but shall be held by the garnishee until the attachment is dismissed or otherwise disposed of by the court. If the credit or property is condemned, payment or delivery thereof as ordered by the court is a complete discharge of the garnishee from all liability to any person in respect of the credit or property. The provisions of this section do not apply to a credit or property of a partnership.
(Dec. 23, 1963, 77 Stat. 548, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-514.
1973 Ed., § 16-514.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–515. Attachment of judgments and money or property in hands of marshal

§ 16–515. Attachment of judgments and money or property in hands of marshal.
(a) An attachment may be levied upon debts due to the defendant upon a judgment or decree by a service similar to that directed by section 16-511 upon the debtor owing the debts. Execution may issue for the enforcement of the judgment or decree, notwithstanding the attachment, but the money collected upon the execution shall be paid into court to abide the event of the proceedings in attachment and applied as the court directs.
(b) An attachment may be levied upon money or property of the defendant in the hands of the marshal. It binds the money or property from the time of service, and is a legal excuse to the officer for not paying or delivering the same as he would otherwise be bound to do.
(Dec. 23, 1963, 77 Stat. 548, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-515.
1973 Ed., § 16-515.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–516. Attachment of money or property in hands of executor or administrator

§ 16–516. Attachment of money or property in hands of executor or administrator.
An attachment may be levied upon money or property of the defendant in the hands of an executor or administrator, and binds the same from the time of service. If the executor or administrator makes return to the writ that he can not certainly answer whether the defendant’s share of the money or property in his hands will prove sufficient to pay the plaintiff’s debt, a judgment of condemnation may not be rendered as against the executor or administrator until the passage by the Superior Court of his final or other account showing money or property in his hands to which the defendant is entitled.
(Dec. 23, 1963, 77 Stat. 548, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(b)(2).)
Prior Codifications
1981 Ed., § 16-516.
1973 Ed., § 16-516.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–517. Attachment of other property in replevin action

§ 16–517. Attachment of other property in replevin action.
Where the action is to replevy specific personal property and it has not been replevied, other property may be attached in the action to recover damages and costs, and if a judgment is rendered for damages and costs, it shall carry the same rights as other judgments.
(Dec. 23, 1963, 77 Stat. 549, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-517.
1973 Ed., § 16-517.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–518. Preservation of property; sale; receiver

§ 16–518. Preservation of property; sale; receiver.
The court may make all orders necessary for the preservation of the property attached during the pendency of the action. When the property is perishable, or for other reasons a sale of it appears expedient, the court may order that the property be sold and its proceeds paid into court and held subject to its order on the final decision of the case.
When it seems expedient, the court may appoint a receiver to take possession of the property. The receiver shall give bond for the due performance of his duties, and, under the direction of the court, shall have the same powers and perform the same duties as a receiver appointed according to the practice in civil actions.
(Dec. 23, 1963, 77 Stat. 549, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-518.
1973 Ed., § 16-518.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–519. Defenses by garnishee

§ 16–519. Defenses by garnishee.
A garnishee in an attachment proceeding may make any defense available to the defendant in the action in which the garnishment is issued.
(Dec. 23, 1963, 77 Stat. 549, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-519.
1973 Ed., § 16-519.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–520. Defending against the attachment; trial of issues

§ 16–520. Defending against the attachment; trial of issues.
A defendant, any garnishee, party to a forthcoming undertaking, or an officer who might be adjudged liable to the plaintiff by reason of the undertaking being adjudged insufficient, or a stranger to the action who may make claim to the property attached, may file an answer defending against the attachment. The answer may be considered as raising an issue without any reply, and any issue of fact made may be tried with a jury if any party so desires.
(Dec. 23, 1963, 77 Stat. 549, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-520.
1973 Ed., § 16-520.
Section References
This section is referenced in § 16-522 and § 16-529.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–521. Interrogatories to garnishee; oral examination

§ 16–521. Interrogatories to garnishee; oral examination.
(a) In any case in which a writ of attachment is issued, the plaintiff may submit interrogatories in writing, in such form as may be allowed by the rules or special order of the court, to be served on any garnishee, asking about any property of the defendant in his possession or charge, or indebtedness of his to the defendant at the time of the service of the attachment, or between the time of service and the filing of his answers to the interrogatories. The garnishee shall file his answers under oath to the interrogatories within ten days after service upon him.
(b) In addition to the answers to written interrogatories required of him, the garnishee may, on motion, be required to appear in court and be examined orally, under oath, touching any property or credits of the defendant in his hands.
(Dec. 23, 1963, 77 Stat. 549, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-521.
1973 Ed., § 16-521.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–522. Traverse of garnishee’s answers; trial of issue; costs and attorney’s fee

§ 16–522. Traverse of garnishee’s answers; trial of issue; costs and attorney’s fee.
If any garnishee answers to interrogatories that he does not have property or credits of the defendant, or has less than the amount of the plaintiff’s claim, the plaintiff may traverse the answer as to the existence or amount of the property or credits, and the issue thereby made may be tried as provided by section 16-520 . In such a case, where judgment is rendered for the garnishee, the plaintiff shall be adjudged to pay to the garnishee, in addition to the taxed costs, a reasonable attorney’s fee. If the issue is found for the plaintiff, judgment shall be rendered for him in accordance with the finding.
(Dec. 23, 1963, 77 Stat. 549, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-522.
1973 Ed., § 16-522.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–523. Claims to attached property

§ 16–523. Claims to attached property.
Any person may file his motion and affidavit in the cause, at any time before the final disposition of the property attached or its proceeds, except where it is real property, setting forth a claim thereto or an interest in or lien upon the same, acquired before the levy of the attachment. The court, without other pleading, shall try the issues raised by the claim, with a jury if either party so requests, and make all orders necessary to protect any rights of the claimant.
(Dec. 23, 1963, 77 Stat. 550, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-523.
1973 Ed., § 16-523.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–524. Judgment generally; condemnation of attached property

§ 16–524. Judgment generally; condemnation of attached property.
(a) If the defendant in the action has been served with process, final judgment may not be rendered against the garnishee until the action against the defendant is determined.
(b) If in such an action judgment is rendered for the defendant, the garnishee shall be discharged and shall recover his costs, and the property attached or its proceeds shall be restored to the garnishee or to the defendant, as the case may require.
(c) If in such an action judgment is rendered in favor of the plaintiff against the defendant, and it appears that the plaintiff is entitled to a judgment of condemnation of the property attached, the court shall proceed to enter such judgment in the attachment as is directed by sections 16-525 to 16-527.
(Dec. 23, 1963, 77 Stat. 550, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-524.
1973 Ed., § 16-524.
Section References
This section is referenced in § 16-529.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–525. Condemnation and sale of property; proceeds of sale under interlocutory order

§ 16–525. Condemnation and sale of property; proceeds of sale under interlocutory order.
In any form of action, where specific property has been attached and remains under the control of the court, judgment of condemnation of the property shall be entered, and as much thereof as may be necessary to satisfy the demand of the plaintiff shall be sold under fieri facias. If the property was sold under interlocutory order of the court, the proceeds, or as much thereof as may be necessary, shall be applied to the plaintiff’s claim by order of the court.
(Dec. 23, 1963, 77 Stat. 550, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-525.
1973 Ed., § 16-525.
Section References
This section is referenced in § 16-524 and § 16-527.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–526. Judgment against garnishee

§ 16–526. Judgment against garnishee.
(a) When a garnishee has admitted credits in his hands, in answer to interrogatories served upon him, or the credits have been found upon an issue made as provided by this chapter, judgment shall be entered against him for the amount of credits admitted or found, not exceeding the plaintiff’s claim, less a reasonable attorney’s fee to be fixed by the court, and costs, and execution may be had thereon. When the credits are not immediately due and payable, execution shall be stayed until they become due.
(b) When the garnishee has failed to answer the interrogatories served on him, or to appear and show cause why a judgment of condemnation should not be entered, judgment shall be entered against him for the whole amount of the plaintiff’s claim, and costs, and execution may be had thereon.
(Dec. 23, 1963, 77 Stat. 550, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-526.
1973 Ed., § 16-526.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–527. Judgment in case of undertaking for retention of property or credits

§ 16–527. Judgment in case of undertaking for retention of property or credits.
(a) When property or credits attached are released upon an undertaking given as provided by sections 16-509 and 16-510, and judgment in the action is rendered in favor of the plaintiff, it is a joint judgment against both the defendant and all persons in the undertaking for the appraised value of the property or the amount of the credits.
(b) When the property attached has been delivered to or retained by a garnishee, upon his executing an undertaking as provided by section 16-509, judgment of condemnation of the property shall be rendered as provided by section 16-525, and judgment shall also be entered that the plaintiff recover from the garnishee and his surety or sureties the value of the property, not exceeding the plaintiff’s claim, the judgment to be entered satisfied if the property is forthcoming and delivered to the marshal, undiminished in value, within ten days after the judgment; otherwise, execution thereon may be had against the garnishee and his surety or sureties; and if the property is so delivered to the marshal the same shall be sold by him under fieri facias to satisfy the judgment of condemnation.
(Dec. 23, 1963, 77 Stat. 550, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-527.
1973 Ed., § 16-527.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–528. Judgment protects garnishee

§ 16–528. Judgment protects garnishee.
A judgment of condemnation against a garnishee, and execution thereon, or payment by the garnishee in obedience to the judgment or an order of the court, is a sufficient defense to any action brought against him by the defendant in the action in which the attachment is issued, for or concerning the property or credits so condemned.
(Dec. 23, 1963, 77 Stat. 551, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-528.
1973 Ed., § 16-528.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–529. Attachment in actions for fraudulent conveyances

§ 16–529. Attachment in actions for fraudulent conveyances.
(a) Where the ground upon which an attachment is applied for is that the defendant has assigned, conveyed, or disposed of his property with intent to hinder, delay, or defraud his creditors, the attachment may be levied upon the property alleged to be so assigned or conveyed in the hands of the alleged fraudulent assignee or transferee, as a garnishee.
(b) The garnishee may have the same benefit of section 16-506 as the defendant in the action. If the court is of the opinion, upon the hearing of the affidavits filed, that the attachment ought not to have issued or to have been levied on the property claimed by the garnishee, the attachment may be quashed as to the garnishee and the levy set aside.
(c) If the levy is not set aside, the garnishee may answer that he was a bona fide purchaser from the defendant for value without notice of any fraud on the part of the defendant, and the answer shall be held to make an issue, without any further pleading in reply thereto; and issue may be tried as directed by section 16-520.
(d) When the issue is found in favor of the garnishee, judgment shall be rendered in his favor for his costs and a reasonable attorney fee. When the issue is found against the garnishee, but judgment in the action is rendered in favor of the defendant, the attachment shall be dissolved, and garnishee shall recover his costs.
(e) When the issue is found against the garnishee and judgment in the action is rendered in favor of the plaintiff against the defendant, or the defendant, not being found, has failed to appear in obedience to the order of publication against him, and when it appears upon the verdict of a jury that the claim of the plaintiff against the defendant is well founded, a judgment of condemnation of the property attached shall be rendered, as directed by section 16-524(c).
(Dec. 23, 1963, 77 Stat. 551, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-529.
1973 Ed., § 16-529.
Cross References
Fraudulent conveyances, remedies of creditors, see § 28-3107.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–530. Time for trial of issues

§ 16–530. Time for trial of issues.
All issues raised by answers to the attachment, in any case, may be tried at the same time as the issues raised by the pleadings in the action, or separately, as may be just.
(Dec. 23, 1963, 77 Stat. 551, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-530.
1973 Ed., § 16-530.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–531. Attachment dockets; index of attachments

§ 16–531. Attachment dockets; index of attachments.
The clerk of the court shall keep an attachment docket, in which, as well as in the regular docket, shall be entered all attachments levied upon real estate, with a description, in brief, of the real estate so levied upon. The attachments shall be indexed in the names of the defendant and of any person in whose possession the estate may have been levied upon.
(Dec. 23, 1963, 77 Stat. 551, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-531.
1973 Ed., § 16-531.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–532. Other remedies of judgment creditor

§ 16–532. Other remedies of judgment creditor.
Nothing herein contained deprives a judgment creditor of the right to file a civil action to enforce his judgment against an equitable interest in real or personal estate of the judgment defendant, or to have a conveyance of the real or personal estate by the defendant, made with intent to hinder, delay, and defraud his creditors, set aside.
(Dec. 23, 1963, 77 Stat. 552, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-532.
1973 Ed., § 16-532.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter I - Attachment and Garnishment Generally › § 16–533. Attachment proceedings in Superior Court

§ 16–533. Attachment proceedings in Superior Court.
The provisions of this Code relating to attachments apply to attachment proceedings in the Superior Court of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 552, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(b)(3)(A).)
Prior Codifications
1981 Ed., § 16-533.
1973 Ed., § 16-533.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–541. Definition and applicability

§ 16–541. Definition and applicability.
As used in this subchapter, “judgment” includes an unconditional decree for the payment of money, and this subchapter is applicable to such a decree.
(Dec. 23, 1963, 77 Stat. 552, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-541.
1973 Ed., § 16-541.
Cross References
Child support enforcement, income withholding, see § 46-208.
Fraudulent conveyances, remedies of creditors, see § 28-3107.
Superior Court of the District of Columbia, jurisdiction, see § 11-921.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–542. Issuance of attachment after judgment; costs

§ 16–542. Issuance of attachment after judgment; costs.
An attachment may be issued upon a judgment either before or after or at the same time with a fieri facias. If costs are unnecessarily multiplied thereby they shall be charged to the party causing the attachment to be issued.
(Dec. 23, 1963, 77 Stat. 552, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-542.
1973 Ed., § 16-542.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–543. Revival of judgment unnecessary

§ 16–543. Revival of judgment unnecessary.
Attachment may be issued at any time during the life of the judgment, without issuing an order reviving the judgment previously thereto.
(Dec. 23, 1963, 77 Stat. 552, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-543.
1973 Ed., § 16-543.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–544. Property subject to attachment

§ 16–544. Property subject to attachment.
An attachment may be levied upon the judgment debtor’s goods, chattels, and credits.
(Dec. 23, 1963, 77 Stat. 552, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-544.
1973 Ed., § 16-544.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–545. Multiple attachments against same judgment debtor

§ 16–545. Multiple attachments against same judgment debtor.
Only one attachment upon goods, chattels, and credits of a judgment debtor may be satisfied at one time. Where more than one such attachment issued against the same judgment debtor is served on a garnishee the attachments shall be satisfied in the order in which they were served upon the garnishee. This section does not apply with respect to an attachment upon wages to which subchapter III of this chapter applies.
(Dec. 23, 1963, 77 Stat. 552, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-545.
1973 Ed., § 16-545.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–546. Attachments of credits

§ 16–546. Attachments of credits.
An attachment shall be levied upon credits of the defendant, in the hands of a garnishee, by serving the garnishee with a copy of the writ of attachment and of the interrogatories accompanying the writ, and a notice that any property or credits of the defendant in his hands are seized by virtue of the attachment.
(Dec. 23, 1963, 77 Stat. 552, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-546.
1973 Ed., § 16-546.
Section References
This section is referenced in § 16-548.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–547. Retention of property or credits by garnishee

§ 16–547. Retention of property or credits by garnishee.
Where the property or credits attached or sought to be attached are held by the garnishee in the name of or for the account of a person other than the defendant, the garnishee shall retain the property or credits during the period pending determination by the court of the propriety of the attachment or the rightful owner of the property or credits. During that period the garnishee shall incur no liability whatsoever for the retention.
(Dec. 23, 1963, 77 Stat. 552, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-547.
1973 Ed., § 16-547.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–548. Attachment of judgments and money or property in hands of marshal

§ 16–548. Attachment of judgments and money or property in hands of marshal.
(a) An attachment may be levied upon debts due to the defendant upon a judgment or decree by a service similar to that prescribed by section 16-546 upon the debtor owing the debts.
(b) An attachment may be levied upon money or property of the defendant in the hands of the marshal. It binds the money or property from the time of service, and is a legal excuse to the officer for not paying or delivering the same as he would otherwise be bound to do.
(Dec. 23, 1963, 77 Stat. 553, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-548.
1973 Ed., § 16-548.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–549. Attachment of money or property in hands of executor or administrator

§ 16–549. Attachment of money or property in hands of executor or administrator.
An attachment may be levied upon money or property of the defendant in the hands of an executor or administrator, and binds the same from the time of service. If the executor or administrator makes return to the writ that he can not certainly answer whether the defendant’s share of the money or property in his hands will prove sufficient to pay the plaintiff’s debt, a judgment of condemnation may not be rendered as against the executor or administrator until the passage by the Superior Court of his final or other account showing money or property in his hands to which the defendant is entitled.
(Dec. 23, 1963, 77 Stat. 553, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(b)(2).)
Prior Codifications
1981 Ed., § 16-549.
1973 Ed., § 16-549.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–550. Preservation of property; sale

§ 16–550. Preservation of property; sale.
The court may make all orders necessary for the preservation of the property attached. When the property is perishable, or for other reasons a sale of it appears expedient, the court may order that the property be sold and its proceeds paid into court and held subject to its order on the final decision of the case.
(Dec. 23, 1963, 77 Stat. 553, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-550.
1973 Ed., § 16-550.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–551. Defending against the attachment; trial of issues

§ 16–551. Defending against the attachment; trial of issues.
A garnishee or stranger to the action who may make claim to the property attached may file an answer defending against the attachment. The answer may be considered as raising an issue without any reply, and any issue of fact thereby made may be tried with a jury if any party so desires.
(Dec. 23, 1963, 77 Stat. 553, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-551.
1973 Ed., § 16-551.
Section References
This section is referenced in § 16-553.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–552. Interrogatories to garnishee; oral examination

§ 16–552. Interrogatories to garnishee; oral examination.
(a) In any case in which a writ of attachment is issued, the plaintiff may submit interrogatories in writing, in such form as may be allowed by the rules or special order of the court, to be served upon any garnishee, asking about any property of the defendant in his possession or charge, or indebtedness of his to the defendant at the time of the service of the attachment or between the time of service and the filing of his answers to the interrogatories. The garnishee shall file his answers, verified by a written declaration that the answers are made under the penalties of perjury, to the interrogatories within ten days after service upon him.
(b) In addition to the answers to written interrogatories required of him, the garnishee may, on motion, be required to appear in court and be examined orally, under oath, touching any property or credits of the defendant in his hands.
(c) Whoever willfully makes and subscribes a return, statement, or other document, pursuant to this section, that contains, or is verified by, a written declaration that it is made under the penalties of perjury, and that he does not believe to be true and correct as to every material matter, is subject to the penalties prescribed for perjury.
(Dec. 23, 1963, 77 Stat. 553, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-552.
1973 Ed., § 16-552.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–553. Traverse of garnishee’s answers; trial of issue; costs and attorney’s fee

§ 16–553. Traverse of garnishee’s answers; trial of issue; costs and attorney’s fee.
If a garnishee answers to interrogatories that he does not have property or credits of the defendant, or has less than the amount of the plaintiff’s judgment, the plaintiff may traverse the answer as to the existence or amount of the property or credits, and the issue thereby made may be tried as provided by section 16-551 . In such a case, where judgment is rendered for the garnishee, the plaintiff shall be adjudged to pay to the garnishee, in addition to the taxed costs, a reasonable attorney’s fee. If the issue is found for the plaintiff, judgment shall be rendered for him in accordance with the finding.
(Dec. 23, 1963, 77 Stat. 554, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-553.
1973 Ed., § 16-553.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–554. Claims to attached property

§ 16–554. Claims to attached property.
Any person may file his motion and affidavit in the cause, at any time before the final disposition of the property attached or its proceeds, except where it is real property, setting forth a claim thereto or an interest in or lien upon the same. The court, without other pleadings, shall try the issues raised by the claim, with a jury if either party so requests, and may make all orders necessary to protect any rights of the claimant.
(Dec. 23, 1963, 77 Stat. 554, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-554.
1973 Ed., § 16-554.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–555. Condemnation and sale of property; proceeds of sale under interlocutory order

§ 16–555. Condemnation and sale of property; proceeds of sale under interlocutory order.
Where the attachment has been levied upon specific property, on the return by the marshal, judgment of condemnation of the property may be entered, and as much thereof as may be necessary to satisfy the plaintiff’s judgment may be sold under a fieri facias. If the property was sold under interlocutory order of the court, the proceeds, or so much thereof as may be necessary, shall be applied to the plaintiff’s claim by order of the court.
(Dec. 23, 1963, 77 Stat. 554, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-555.
1973 Ed., § 16-555.
Cross References
Decrees, effect and enforcement, see §§ 15-103 et seq., 15-301, and 16-541.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter II - Attachment and Garnishment After Judgment in Aid of Execution › § 16–556. Judgment against garnishee

§ 16–556. Judgment against garnishee.
(a) Subject to the provisions of subchapter III of this chapter, if a garnishee has admitted credits in his hands, in answer to interrogatories served upon him, or the credits have been found upon an issue made as provided by this chapter, judgment shall be entered against him for the amount of credits admitted or found, not exceeding the amount of the plaintiff’s judgment, and costs, and execution shall be had thereon not to exceed the credits in his hands. When the credits are not immediately due and payable, execution shall be stayed until they become due.
(b) When the garnishee has failed to answer the interrogatories served on him, or to appear and show cause why a judgment of condemnation should not be entered, judgment shall be entered against him for the whole amount of the plaintiff’s judgment and costs, and execution may be had thereon.
(Dec. 23, 1963, 77 Stat. 554, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-556.
1973 Ed., § 16-556.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–571. Definitions

§ 16–571. Definitions.
For purposes of this subchapter —
(1) The term “wages” means compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.
(2) The term “disposable wages” means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.
(3) The term “garnishment” means any legal or equitable procedure through which the wages of any individual are required to be withheld for payment of any debt.
(4) The term “domestic partner” shall have the same meaning as provided in § 32-701(3).
(Dec. 23, 1963, 77 Stat. 554, Pub. L. 88-241, § 1; Dec. 17, 1971, 85 Stat. 678, Pub. L. 92-200, § 5; Apr. 4, 2006, D.C. Law 16-79, § 4(a), 53 DCR 1035.)
Prior Codifications
1981 Ed., § 16-571.
1973 Ed., § 16-571.
Section References
This section is referenced in § 15-503, § 16-512, and § 16-582.
Effect of Amendments
D.C. Law 16-79 added par. (4).
Cross References
District of Columbia employees, attachment and garnishment of wages, see § 1-507.
Work release program participants, exemption of wages from attachment and garnishment, see § 24-241.06.
Child support enforcement, income withholding, see § 46-208.
District of Columbia fiscal management, capital improvements, authorization of lease-purchase financing, see § 1-204.90.
Fraudulent conveyances, remedies of creditors, see § 28-3107.
Seizures of personal property, exemptions, “earnings” defined, see § 15-503.
Superior Court of the District of Columbia, jurisdiction, see § 11-921.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–571.01. Enforcement of support orders by attachment or garnishment

§ 16–571.01. Enforcement of support orders by attachment or garnishment.
Notwithstanding any other provision of this subchapter, a notice or order to withhold issued to enforce a support order pursuant to subchapter I of Chapter 2 of Title 46 shall have priority over any other legal process and shall be implemented according to the procedures, limitations, and requirements of subchapter I of Chapter 2 of Title 46.
(May 12, 2006, D.C. Law 16-100, § 2(b), 53 DCR 1886; Mar. 25, 2009, D.C. Law 17-353, § 111(a)(1), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 substituted “subchapter I of Chapter 2” for “Subchapter I of Chapter 2” and substituted “subchapter I of Chapter 2 of Title 46” for “the act”.
Emergency Legislation
For temporary (90 day) addition, see § 2(a) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).
For temporary (90 day) addition, see § 2(b) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Temporary Legislation
For temporary (225 day) addition of section, see § 2(b) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16-42, December 10, 2005, law notification 52 DCR 11038).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–574. Judgment creditor to file receipts, in court, of amount collected

§ 16–574. Judgment creditor to file receipts, in court, of amount collected.
(a) The judgment creditor shall:
(1) file with the clerk of the court, every three months after the serving of an attachment upon an employer-garnishee, a receipt showing the amount received and the balance due under the attachment as of the date of filing;
(2) file a final receipt with the court and furnish a copy thereof to the employee-garnishee; and
(3) obtain a vacation of the attachment within 20 days after the attachment has been satisfied.
(b) If the judgment creditor fails to file any of the receipts prescribed by subsection (a) of this section, an interested party may move the court to compel the defaulting judgment creditor to appear in court and make an accounting forthwith. The court may, in its discretion, enter judgment for any damages, including a reasonable attorney’s fee suffered by, and tax costs in favor of, the party filing the motion to compel the accounting.
(Dec. 23, 1963, 77 Stat. 556, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-574.
1973 Ed., § 16-574.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–575. Judgment against employer-garnishee for failure to pay percentages

§ 16–575. Judgment against employer-garnishee for failure to pay percentages.
If the employer-garnishee fails to pay to the judgment creditor the percentages prescribed in this subchapter of the wages which become payable to the judgment debtor for any pay period, judgment shall be entered against him for an amount equal to the percentages with respect to which the failure occurs.
(Dec. 23, 1963, 77 Stat. 556, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-575.
1973 Ed., § 16-575.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–576. Lapse of attachment upon resignation or dismissal of employee

§ 16–576. Lapse of attachment upon resignation or dismissal of employee.
If a judgment debtor resigns or is dismissed from his employment while an attachment upon his wages is wholly or partly unsatisfied, the attachment shall lapse and no further deduction may be made thereon unless the judgment debtor is reinstated or reemployed within 90 days after the resignation or dismissal.
(Dec. 23, 1963, 77 Stat. 556, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-576.
1973 Ed., § 16-576.