§ Rule 69-II. Particular Provisions for Attachments of Wages After Judgment

Codes > District of Columbia Official Code > Superior Court > VIII. Provisional > Rule 69-II.

Rule 69-II. Particular Provisions for Attachments of Wages After Judgment

(a) Applicability.The provisions set forth in this Rule shall not supersede or repeal any other Rule of this Court unless in express conflict therewith and shall apply only to attachments issued pursuant to D.C.Code (1967 Edition) § 16-572 et seq. and 15 U.S.C. § 1601 et seq.

(b) Reporting Credits Against Judgment.It shall be the duty of a judgment creditor who is receiving payments on account of the judgment from an employer-garnishee and who shall receive credits upon said judgment from a source other than said employer-garnishee to notify said employer-garnishee and the Clerk in writing of such receipt within 10 days thereafter, including the date, amount, and source thereof.

(c) Schedule and Receipt for Payments.Every judgment creditor receiving payments from an employer-garnishee pursuant to the issuance of a wage attachment shall be obligated to credit the payments first against the accrued interest on the unpaid balance of the judgment, if any, second upon the principal amount of the judgment, and third upon those attorney's fees and costs actually assessed in the cause, and shall send a receipt to the garnishee within 5 days after such payment, which receipt shall set forth the application of such payment pursuant to the schedule aforesaid.

(d) Noncompliance.If any judgment creditor shall fail to comply with this rule or with the statutory provisions cited in section (a) hereof, the court may in its discretion on motion of any interested party enter an order vacating and setting aside the attachment and continuing levy of said judgment creditor then in force and effect, but without prejudice to the refiling and serving of another attachment, which shall follow prior attachment of wages of the judgment debtor in the hands of the same employer-garnishee, and may enter a judgment of a reasonable attorney's fee and tax costs in favor of the party filing the motion to vacate and set aside the attachment.

(e) Garnishment Docket Card.Each writ of attachment for wages shall be accompanied by a garnishment docket card prepared by the judgment creditor or the judgment creditor's attorney. The judgment creditor or the judgment creditor's attorney shall supply the Social Security number of the judgment debtor-employee, if known. The Clerk shall furnish the said Garnishment Docket Card on a form approved by the Court.