§ 16-502 — Service of notice; publication.

District of Columbia § 16-502

• Jurisdiction: District of Columbia
• Title 16: Particular Actions, Proceedings and Matters. [Enacted title]
• Ch. 5: Attachment and Garnishment.
• Subch. I: Attachment and Garnishment Generally.

Text

(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.

Legislative History

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)