D.C. Mun. Regs. tit. 29, r. 29-8103

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 29-8103 - ATTACHMENT AND SEIZURE OF FUNDS

8103.1

Funds in a financial institution shall be subject to attachment when:

(a) The case is an active case and

(1) The current support obligation is thirty (30) days past due; or

(2) A judgment support obligation is sixty (60) days past due; or

(b) The case is an arrears-only case and the total amount of arrears is greater than or equal to five hundred dollars ($500).

8103.2

If a data match establishes that an obligor has funds in a financial institution and these funds are subject to attachment under § 8103.1, CSSD shall:

(a) Serve a Writ of Attachment on the financial institution directing attachment of the amount owed for child support; and

(b) Send written notice of the Writ of Attachment and impending seizure of funds to the obligor and any joint account holder by first class mail to the last known address of the obligor or joint account holder. This notice shall advise the obligor and joint account holder of his or her right to request an agency review pursuant to § 8103.4.

8103.3

Upon receipt of the Writ of Attachment, the financial institution shall freeze the funds in the obligor's accounts up to the amount stated in the Writ.

8103.4

An obligor whose funds are subject to a Writ of Attachment may request an agency review within fifteen (15) calendar days from the date of the notice of the Writ of Attachment described in § 8103.2(b). The obligor may request the agency review by advising CSSD of his or her objections to the Writ of Attachment by phone or in person at CSSD. A joint owner of the attached funds may also request an agency review within fifteen (15) calendar days after the date of the notice of the Writ of Attachment.

8103.5

Grounds for contesting the Writ of Attachment include:

(a) Notice was issued to the wrong person;

(b) Arrears are incorrect because of a failure to account for all child support payments, an incorrect computation of the balance due, or a failure to give effect to a prior suspension or modification of the support obligation; or

(c) Any affirmative defense to enforcement of this money judgment authorized by applicable law, but nothing in these rules authorizes any modification of the support order or any underlying money judgment.

8103.6

Upon receipt of a request for an agency review from an obligor or a joint account holder, CSSD shall review the case and respond to the obligor or joint account holder in writing within ten (10) calendar days. CSSD shall either:

(a) Withdraw the Writ of Attachment; or

(b) Advise the obligor or joint account holder of CSSD's intent to move forward with seizure of funds.

8103.7

Funds in a financial institution shall be subject to seizure when:

(a) The obligor's pay is not currently being withheld and the amount of the funds in the obligor's accounts is greater than or equal to two (2) months of current support; or

(b) The obligor's pay is being withheld and

(1) The total amount of the arrears is greater than or equal to five thousand dollars ($5,000); and

(2) The amount of funds in the obligor's accounts is greater than or equal to two thousand five hundred dollars ($2,500).

8103.8

CSSD shall seize the funds in the obligor's accounts that are subject to the Writ of Attachment by issuing an Order of Condemnation to the financial institution. If CSSD determines that funds subject to the Writ of Attachment are not subject to seizure under § 8103.7, CSSD shall withdraw the Writ.

8103.9

Upon a determination that seizure is appropriate; CSSD shall issue the Order of Condemnation to the financial institution and send a copy of the Order of Condemnation to the obligor and joint account holder along with instructions on how he or she can appeal the issuance of the Order of Condemnation to the Office of Administrative Hearings.

8103.10

CSSD shall send the Order of Condemnation to the financial institution, the obligor, and any joint account holder within thirty (30) calendar days of receipt of the financial institution's response to the Writ of Attachment, or if agency review had been requested, within two (2) calendar days of completion of the review.

D.C. Mun. Regs. tit. 29, r. 29-8103

As amended by Final Rulemaking at 55 DCR 11165 (October 24, 2008)