Attachment before judgment; affidavit and bond

§ 16–501. Attachment before judgment; affidavit and bond (a) This section applies to any civil action in the United States District Court of the District of Columbia or the District of Columbia Court of General Sessions, for the recovery of: (1) specific personal property; (2) a debt; or (3) damages for the breach of a contract, express or implied. (b) In an action specified by subsection (a) of this section, the plaintiff, his agent, or attorney, may file an affidavit as provided by subsections (c) and (d) of this section either at the commencement of the action or pending the action. (c) The affidavit shall comply with the following requirements: (1) show the grounds of plaintiff’s claim; (2) set forth that plaintiff has a just right to recover what is claimed in his complaint; (3) where th action is to recover specific personal property, state the nature and, according to affiant’s belief, the value of the property and the probable amount of damages to which plaintiff is entitled for the detention thereof; (4) where the action is to recover a debt, state the amount thereof: and (5) where the action is to recover damages for breach of a contract set out, specifically and in detail, the breach complained of and the actual damage resulting therefrom. (d) The affidavit shall also state one of the following facts with respect to defendant: 77 Stat. 544 (1) defendant is a foreign corporation or is not a resident of the District, or has been absent therefrom for at least six months; (2) he evades the service of ordinary process by concealing himself or temporarily withdrawing himself from the District; (3) he has removed or is about to remove some or all of his property from the District, so as to defeat just demands against him; (4) he has assigned, conveyed, disposed of, or secreted, or is about to assign, convey, dispose of, or secrete his property with intent to hinder, delay, or defraud his creditors; or (5) he fraudulently contracted the debt or incurred the obligation respecting which the action is brought. (e) Before a writ of attachment and garnishment is issued, the plaintiff shall first file in the clerk’s office a bond, executed by himself or his agent, with security to be approved by the clerk, in twice the amount of his claim, conditioned to make good to the defendant all costs and damages which he may sustain by reason of the wrongful suing out of the attachment. (f) If the plaintiff files an affidavit and bond as provided by this section, the clerk shall issue a writ of attachment and garnishment, to be levied upon as much of the lands, tenements, goods, chattels, and credits of the defendant as may be necessary to satisfy the claim of the plaintiff.