IN RE WAY OF THE CROSS CHURCH OF CHRIST, INC., (Bankr.D.D.C. 2002)

S. MARTIN TEEL, JR., United States Bankruptcy Judge.

The court will partially grant the Riverdale Baptist Church's motion seeking a writ of attachment. The church is entitled to a writ, but under F.R.Civ.P. 69(a), the writ must conform to procedures under District of Columbia law. The proposed writ submitted with the motion is inconsistent with those procedures because it would have the writ order Mr. Leach to make payments due to Randy McRae to the church, and because it would not include interrogatories. Moreover, the church's writ would deprive Leach of procedural protections available under two provisions of D.C. law:

If, within ten (10) days after service of Leach's answers to interrogatories, or such later time as the Court may allow, the Riverdale Baptist Church does not contest Leach's answers pursuant to Title 16, Section 522, D.C. Code Ann., his obligations under the attachment shall be limited by the answers. See Superior Court Civil Procedure Rule 69-I(d).

Pursuant to D.C. Superior Court Rule 69-I(e), if Riverdale Baptist Church fails to file a motion for entry of judgment:

• within 28 days after answers to the interrogatories are due and not filed and served; or

• within 28 days after Leach has timely filed and served answers to the interrogatories; or

• within such later time as may be authorized by the court upon a motion made within the applicable period

then the garnishment and attachment shall stand dismissed, unless a judgment has already been entered within the time provided above.

It is accordingly

ORDERED that the Riverdale Baptist Church's motion (Docket Entry No. 239) is GRANTED, except that it is further

ORDERED that the clerk shall issue a writ in the form attached hereto in lieu of the proposed writ submitted with the motion.