Page:United States Statutes at Large Volume 77.djvu/575

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

SUBCHAPTER II. ATTACHMBNT AND GARNISHMENT AFTER JUDGMENT IN AID OF EXECUTION Sec. 16-541. 16-542. 16-543. 16-544. 16-545. 16-546. 16-547. 16-548. 16-549. 36-550. 16-551. 16-552. 16-553. 16-554. 16-555.

Definition and applicability. Issuance of attachment after judgment; costs. Revival of Judgment unnecessary. Property subject to attachment. Multiple attachments against same Judgment debtor. Attachments of credits. Retention of property or credits by garnishee. Attachment of judgments and money or property in hands of marshal. Attachment of money or property in hands of executor or administrator, Preservation of property; sale. Defending against the attachment; trial of issues. Interrogatories to garnishee; oral examination. Traverse of garnishee's answers; trial of issue; costs and attorney's fee. Claims to attached property. Condemnation and sale of property; proceeds of sale under interlocutory order. 16-556. Judgment against garnishee. SUBCHAPTER III. ATTACHMENT AX1> GARNISHMENT OF WAGES, ETC. Sec.

36-571. 16-572. 16-573. 16-574. 16-575. 16-576. 16-577. 16-578. 16-579.

Definition. Attachment of wages; percentage limitations; priority of attachments. Employer's duty to withhold and make payments; percentage. Judgment creditor to file receipts, in court, of amount collected. Judgment against employer-gamishee for failure to pay percentages. Lapse of attachment upon resignation or dismissal of employee. Applicability of per centum limitations to judgments for support. Court of General Sessions judgments; lapse; validity. Payments by employer-gamishee where employee has no salary or salary inadequate for services rendered. 16-580. Quashing attachment where Judgment obtained to hinder Just claims. 16-581. Rules of procedure. 16-582. Attachments to which this subchapter is applicable.

Subchapter I—Attachment and Garnishment Generally § 16-501, Attachment before judgment; affidavit and bond (a) This section applies to any civil action in the United States District Court of the District of Columbia or the District of Columbia Court of General Sessions, for the recovery of: (1) specific personal property; (2) a debt; or (3) damages for the breach of a contract, express or implied. (b) In an action specified by subsection (a) of this section, the plaintiff, his agent, or attorney, may file an affidavit as provided by subsections (c) and (d) of this section either at the commencement of the action or pending the action. (c) The affidavit shall comply with the following requirements: (1) show the grounds of plaintiff's claim; (2) set forth that plaintiff has a just right to recover what is claimed in his complaint; (3) where the action is to recover specific personal property, state the nature and, according to affiant's belief, the value of the property and the probable amount of dainages to which plaintiff is entitled for the detention thereof; (4) where the action is to recover a debt, state the amount thereof; and (5) where the action is to recover damages for breach of a contract set out, specifically and in detail, the breach complained of and the actual damage resulting therefrom. (d) The affidavit shall also state one of the following facts with respect to defendant:

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