Page:United States Statutes at Large Volume 77.djvu/579

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

executed against them, and each of them, unless the property shall be forthcoming to satisfy the judgment of condemnation. (Signed) EF. GH. The recital of the undertaking in this subsection shall contain a sufficient description of the property and its value ascertained by an appraisement to be made under direction of the officer and returned with the writ. §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 unaertaking with security to be approved by the court. § 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 sertion 1H-.502. The imdivided 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. § 16-512. Attachment and levy upon wages of nonresident An attachment issued under section 16-601 solely on the ground that the defendant is not a resident of the District of Columbia ftnd 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-gamishee 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.

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