(a) A writ issued pursuant to section 16-501 shall require the marshal to serve a notice on the defendant, if he is found in the District, and on any person in whose possession any property or credits of the defendant may be attached, to appear in the court on or before the twentieth day, exclusive of Sundays and legal holidays after service of the notice, and show cause, if any there be, why the property so attached should not be condemned and execution thereof had. The marshal’s return shall show the fact of the service.
(b) If the defendant is returned “Not to be found,” the notice shall be given by publication to the following effect, namely:
In the United States District Court (Superior Court of the District of Columbia) for the District of Columbia.
A B, plaintiff,
versus Civil Action No. _____.
C D, defendant,
The object of this suit is to recover (here state it briefly) and to have judgment of condemnation of certain property of the defendant levied on under an attachment issued in this suit to satisfy the plaintiff’s claim.
It is, therefore, this __ day of ____, ordered that the defendant appear in this court or before the fortieth day, exclusive of Sundays and legal holidays, after the day of the first publication of this order, to defend this suit and show cause why the condemnation should not be had; otherwise the suit will be proceeded with as in case of default.
By the court:
________, Judge.
(c) The order shall be published at least once a week for three successive weeks or oftener, or for such further time and in such manner as the court orders.
(Dec. 23, 1963, 77 Stat. 544, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(b)(1).)
1981 Ed., § 16-502.
1973 Ed., § 16-502.
This section is referenced in § 16-508 and § 16-511.
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 5 - Attachment and Garnishment
Subchapter I - Attachment and Garnishment Generally
§ 16–501. Attachment before judgment; affidavit and bond
§ 16–502. Service of notice; publication
§ 16–503. Attachment for debts not due
§ 16–504. Additional attachments
§ 16–505. Sufficiency of plaintiff’s bond
§ 16–506. Traversing affidavits; quashing writ of attachment; trial of issues
§ 16–507. Property subject to attachment; liens; priorities
§ 16–508. Attachment of real property
§ 16–509. Attachment of personal property; undertaking by defendant or person in possession
§ 16–510. Release of property or credits from attachment; sufficiency of undertaking
§ 16–512. Attachment and levy upon wages of nonresident
§ 16–513. Advance payment of wages to avoid attachment or garnishment
§ 16–514. Credits or property held for two or more persons or in representative capacity
§ 16–515. Attachment of judgments and money or property in hands of marshal
§ 16–516. Attachment of money or property in hands of executor or administrator
§ 16–517. Attachment of other property in replevin action
§ 16–518. Preservation of property; sale; receiver
§ 16–519. Defenses by garnishee
§ 16–520. Defending against the attachment; trial of issues
§ 16–521. Interrogatories to garnishee; oral examination
§ 16–522. Traverse of garnishee’s answers; trial of issue; costs and attorney’s fee
§ 16–523. Claims to attached property
§ 16–524. Judgment generally; condemnation of attached property
§ 16–525. Condemnation and sale of property; proceeds of sale under interlocutory order
§ 16–526. Judgment against garnishee
§ 16–527. Judgment in case of undertaking for retention of property or credits
§ 16–528. Judgment protects garnishee
§ 16–529. Attachment in actions for fraudulent conveyances
§ 16–530. Time for trial of issues
§ 16–531. Attachment dockets; index of attachments