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District of Columbia Statutes, Title 16

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Title 16, Particular Actions, Proceedings and Matters. [Enacted title]

40 chapters · 611 sections in this title.

All chapters in Title 16611 Ch 23, Family Division [Family Court] Proce…107 Ch 5, Attachment and Garnishment.64 Ch 46, Uniform Child-Custody Jurisdiction a…51 Ch 13, Eminent Domain.44 Ch 9, Divorce, Annulment, Separation, Supp…34 Ch 10, Proceedings Regarding Intrafamily Of…32 Ch 11, Ejectment and Other Real Property Ac…32 Ch 44, Arbitration; Revised Uniform Act.32 Ch 40, Collaborative Law; Uniform Act.22 Ch 3, Adoption.17 Ch 7, Criminal Proceedings in the Superior…14 Ch 35, Quo Warranto.14 Ch 8A, Third-Party Custody.13 Ch 37, Replevin.13

13 sections·Filtered byTitle 16✕Ch 37✕

D.C. Code § 16-3701 Demand prior to action; costs
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In an action of replevin brought to recover personal property to which the plaintiff is entitled, that is alleged to have been wrongfully taken by or to be in the possession of and wrongfully detained by the defendant, it is not necessary to demand possession of the property befo…
D.C. Code § 16-3702 Form of complaint
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A complaint in replevin shall be in the following or equivalent form: “The plaintiff sues the defendant for (wrongly taking and detaining) (unjustly detaining) the plaintiff’s goods and chattels, to wit: (describe them) of the value of ____ dollars. And the plaintiff claims that …
D.C. Code § 16-3703 Affidavit; contents
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At the time of filing a complaint in replevin, the plaintiff, his agent, or attorney shall file an affidavit stating that — (1) according to affiant’s information and belief, the plaintiff is entitled to recover possession of chattels proposed to be replevied, being the same desc…
D.C. Code § 16-3704 Undertaking to abide judgment of the court
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At the time of filing a complaint in replevin, the plaintiff shall enter into an undertaking by himself or his agent with surety, approved by the clerk, to abide by and perform the judgment of the court.

D.C. Code § 16-3705 Failure of officer to obtain possession; procedure

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When the officer’s return of a writ of replevin issued pursuant to this subchapter is that he has served the defendant with copies of the complaint, affidavit, and summons, but that he could not obtain possession of the goods and chattels sued for, the plaintiff may prosecute the…

D.C. Code § 16-3706 Publication against defendant

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When the officer’s return of a writ of replevin is that he has taken possession of the goods and chattels sued for, but indicates that personal service on the defendant could not be made, the court, subject to the provisions of section 13-340 as to mailing notice, may order that …

D.C. Code § 16-3707 Default

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If, after notice as provided by section 16-3706 , the defendant fails to appear, the court may proceed as in case of default after personal service.

D.C. Code § 16-3708 Motion for return of property; procedure; objection to sufficiency of security

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(a) On the taking possession of the goods and chattels by the marshal by virtue of a writ of replevin, the defendant may, on one day’s notice to the plaintiff or his attorney, move for a return of the property to his possession. Thereupon, the court may inquire into the circumsta…

D.C. Code § 16-3709 Notice to officer of intention to move for return; duty of officer; time of motion

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If the defendant in an action of replevin notifies the officer taking possession of the property, in writing, of his intention to make either of the motions specified by section 16-3708 , the officer shall retain possession of the property until the motion is disposed of, if the …

D.C. Code § 16-3710 Determination and measure of plaintiff’s damages

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Whether, in an action of replevin, the defendant answers and the issue thereon joined is found against him, or judgment is rendered against him on proper motion under rules of court, or he makes default after personal service or publication, the plaintiff’s damages shall be ascer…

D.C. Code § 16-3711 Judgment for defendant and determination of damages

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When, in an action of replevin, the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute his suit, or judgment is rendered against the plaintiff on proper motion under rules of court, the judgment shall be that the goods, if delivered to the plaintif…

D.C. Code § 16-3712 Verdict where goods are eloigned

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If the defendant in an action of replevin has eloigned the things sued for, the court may instruct the jury, if they find for the plaintiff, to assess such damages as may compel the defendant to return the things.

D.C. Code § 16-3713 Judgment where goods are eloigned

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The judgment in a case where the defendant has eloigned the goods sued for, shall be that the plaintiff recover against the defendant the value of the goods as found and the damages so assessed, to be discharged by the return of the things, within ten days after the judgment, wit…