Sup. Ct. R. D.C. 69-II

As amended through October 11, 2024
Rule 69-II - Particular Provisions for Attachments of Wages After Judgment
(a) APPLICABILITY. The provisions of this rule do not supersede or repeal any other rule of this court unless in express conflict and must apply only to attachments issued pursuant to D.C. Code §§ 16-571 to -584 (2012 Repl.) and 15 U.S.C. § 1601 et seq.
(b) REPORTING CREDITS AGAINST JUDGMENT. It is the duty of a judgment creditor who is receiving payments on account of the judgment from an employer-garnishee and who will receive credits upon said judgment from a source other than said employergarnishee to notify said employer-garnishee and the clerk in writing of such receipt within 14 days, including the date, amount, and source.
(c) SCHEDULE AND RECEIPT FOR PAYMENTS. Every judgment creditor receiving payments from an employer-garnishee pursuant to the issuance of a wage attachment is obligated to credit the payments first against the accrued interest on the unpaid balance of the judgment, if any, second on the principal amount of the judgment, and third on those attorney's fees and costs actually assessed in the cause, and must send a receipt to the garnishee within 7 days after such payment, which receipt must set forth the application of such payment pursuant to the schedule above.
(d) NONCOMPLIANCE. If any judgment creditor fails to comply with this rule or with the statutory provisions cited in Rule 69 -II(a), the court may in its discretion, on motion of any interested party:
(1) 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 must follow prior attachment of wages of the judgment debtor in the hands of the same employer-garnishee; and
(2) 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.

Sup. Ct. R. D.C. 69-II

COMMENT TO 2017 AMENDMENTS

Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure. Also, time periods were adjusted to reflect the new time computation method in Rule 6. Finally, the section regarding dockets cards has been eliminated as obsolete.

COMMENT

Rule 69 -II contains certain specific provisions with respect to post judgment attachments.