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Writ Of Attachment On A Judgment - District Of Columbia
| Writ Of Attachment On A Judgment Form. This is a District Of Columbia form and can be used in Civil Actions Branch Superior Court Statewide . |
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SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION SMALL CLAIMS AND CONCILIATION BRANCH BLDG. B, 409 E STREET, NW. ROOM 120 (Police Memorial Entrance) WASHINGTON, D.C. 20001 Telephone 879-1120 vs. Plaintiff Defendant NO. WRIT OF ATTACHMENT ON A JUDGMENT (Garnishment of Wages, Earnings, Salary, Commissions and Pensions) To: , Garnishee: WHEREAS judgment has been entered against defendant on , in the sum of $ , with interest at per annum, from and costs of $ , less credits of $ , making a total balance due on the date of issuance of this attachment of $ . NOTE: Accruing interest will increase this amount in the future and it is also possible that additional costs accruing under the judgment may increase this total at a later date. It is also possible that payments made independently of this attachment may decrease the total balance due. Before ceasing to withhold any disposable wages, under this attachment, it is suggested that you communicate with the plaintiff or his rneyatto to ascertain that the judgment has been completely satisfied. You are hereby notified that this Writ of Attachment constitutes a lien and continuing levy for the amount above stated upon the disposable wages, or as defined by law (See Instons 1-3), due or tructi o become due from you to the defendant. YOU ARE HEREBY ORDERED to withhold from the disposable wages (See Instructions 1-2) of the defendant for any workweek or other pay period THE LESSER OF: (1) 25% of defendants disposable wages for each workweek or other pay period: OR (2) the amount by which his/her disposable wages for each week exceeded 30 times the prescribed federal minimum hourly wage in effect at the time the wages are payable. In the case of wages for any pay period other than a week, multiply the current federal minimum hourly wage by 30, then multiply the sultant product by the numre ber of full and/or partial weeks which are included in the pay peribeiod ng considered. (See Instruction 1-2) and to pay same to within 15 days after the close of the last pay period of the defendant ending in each calendar month, until said judgment, including interest, costs and other charges shall have been satisfied or until otherwise notified by this Court. NOTICE TO EMPLOYER-GARNISHEE: Within ten (10) days after this writ is served upon you, you are required to answer the following interrogatories, UNDER THE PENALTY OF PERJURY, and to file in this Court one copy of this paper with your answers written thereon, and to serve a copy, by mail or other means, upon the plaintiff and upon the defendant. If you fail to do so, judgment may be entered against you for the entire amount of the plaintiffs claims, with interest and costs. CLERK OF THE COURT Attorney for Plaintiff Address: By: Deputy Clerk Telephone No. Issued: INTERROGATORIES TO BE ANSWERED BY EMPLOYER GARNISHEE 1. If the defendant is employed by st yatou,e the amount of disposable wages as defined by law (See Instn 1) saiructiod defendant earns and when it is paid. Also state his Social Security Number. ANSWER: (OVER) American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 2. If the defendant not now emisployed by you, has he been employed by you in the four-month period next preceding the service of the writ upon you; if so, when were his services terminated? ANSWER: 3. If you are presently withholding wages nior ngs of tearhis defendant to satisfy an attachment already served upon you, state the name of the judgment creditor to whom you are making payments and the number of the case in which the attachment. was issued ANSWERED: 4. Employmnt of tehe defendant was terminated on I declare under the penalties of perjury the that answers to the above interrogatories are, to the best of my knowledge and belief, true and correct as to every material matter. Date: Employer-Garnishee INSTRUCTIONS TO EMPLOYER-GARNISHEE 1(a) The term wages means compensation paid or payable for personal services, whether denominated as wages, salary, comsimon, is bonus, or otherwise, and includes periodic payments pursuantpensi to a on or retirement program; (b) the term disposable wages means that part of the earnings of any individual remaining aftthee r deduction from those earnings of any amounts required by l be aw to withheld. 2. The term Federal minimum hourly wage means the highest Federal minimum hourly wage prescribed by Sec. 6(a)(1) e Fair of th Labor Standards Act of 1938 (29 U.S.C. 206(a)(1). (That wage i $5.15 per hour as of Septs ember 1, 1997.) Any subsequent Changes in the Federal minimum hourly wage must be observed by the garnishee. The District of Columbia Consumer Credit Protection Act of 1971, approved and effective December 17, 1971, eliminates the ioprr method of withholding the prescribed percentages of gross wages or tdueo become due to the judgment debtor employee. It adopts the restrictions on garnishment amount of the Federal Consumer Protection Act (Title III), effective July 1, 1970, and provides for an exemption formula which applies directly to the aggregate disposable wages for any workweek or other pay period. In determg whiininch of the two alternatives parts of the withholding formula (See front of this Writ) results in the least withholding, as per lationregu of the Commissioner of the District of Columbia, (1) the 25% part of tformhe ula is to be applied to the aggregate disposable wages r the entire fo pay period involved; and (2) the Federal mmiunim hourly wage part of the formula (as long as the Federal Minimum hourly wage i 5.15) s is to be computed as follows: for a 2-week pay period 2 x 30 x $5.15 = $309.00, for a semi-monthly pay period 2 1/6 x 30 x $5.15 = $334.75, for a monthly pay period 4 1/3 x 30 x $5.15 = $669.45. 3. This Writ of Attachment remains in full force and effect as a continuing levy and lien upon the disposable wages as defied above, n which are now due or to become due in the future to the defendant until such time as the judgment upon which this attachment is issued is fully paid. 4. In the event the defendant leaves your employ for a period of 90 days or less, and then is reemployed, this attall remachmentain sh in full force and effect and you are required to resume the withholdings from his disposable wages. 5. In the event the defendant leaves your employ for a period of 91 day for more, this attachment shall terminate and you all retush rn your copy of this attachment to the Court, setting forth the date of the terminat
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