If the defendant files affidavits traversing the affidavits filed by the plaintiff the court shall determine whether the facts set forth in the plaintiff’s affidavits as ground for issuing the attachment are true, and whether there was just ground for issuing the attachment. When, in the opinion of the court, the proofs do not sustain the affidavit of the plaintiff, his agent, or attorney, the court shall quash the writ of attachment. This issue may be tried by the court or a judge at chambers after three days’ notice. The issue may be tried as well upon oral testimony as upon affidavits. If the court deems it expedient, a jury may be impaneled to try the issue.
(Dec. 23, 1963, 77 Stat. 545, Pub. L. 88-241, § 1.)
1981 Ed., § 16-506.
1973 Ed., § 16-506.
This section is referenced in § 16-529.
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