Group VI: Trials · Last amended 2022 · Last verified July 14, 2026
This rule has been amended to highlight the new pleading requirements included in emergency, temporary, and permanent legislation amending D.C. Code § 28-3814.
Section (a) was amended to more clearly define which cases are covered by this rule. As used in this rule, “charge off” means the act of a creditor that treats an account receivable or other debt as a loss or expense because payment is unlikely.
Former sections (d) and (f) concerning magistrate judges were deleted because Rule 73 addresses consent and withdrawal of consent.
Former section (e) was deleted as unnecessary in light of the 2021 amendments to Rule 16, which clarify that the only provisions of Rule 16 that do not apply to cases to which Rule 40-III applies are the provisions of Rule 16(b)(2) concerning praecipes in lieu of appearance. Under Rule 16, a magistrate judge handling a collection or subrogation case will ascertain the status of the case at the outset and exercise the discretion granted by Rule 16 to enter a scheduling order appropriate to the specific case.
Former section (g) was deleted because other rules address the provisions of copies of papers to judges.
Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure.
Rule 40-III targets a specific category of case: lawsuits collecting a liquidated debt from a credit card, credit account, medical bill, or other financial obligation a commercial entity is pursuing, and subrogation actions brought by an insurer. Because these cases follow a predictable pattern, Rule 40-III(b) requires extra detail up front. A plaintiff who isn't the original creditor must identify that original creditor and state that the plaintiff is its successor in interest. A credit card or account claim must come with the account statement attached, and the complaint must tell the defendant it's there. A claim for prejudgment interest has to spell out the interest rate, the date interest started running, the total amount accrued as of a date no more than 30 days before filing, and — where it applies — a warning that the amount will keep growing after that date. For accounts that have been closed or charged off, “prejudgment interest” means only interest added after that closing or charge-off, not interest that accrued while the account was still active. And where a debt collector is pursuing a consumer debt as defined in D.C. Code § 28-3814, the complaint must include whatever that statute requires.
Service of process is where this rule bites hardest. Rule 40-III(c) requires proof of service no later than 90 days after the complaint is filed, and missing that deadline means automatic dismissal without prejudice — the clerk enters the dismissal and notifies the parties without anyone needing to ask. Rule 40-III(d) makes clear that the ordinary time extensions available under Rule 6(b) don't apply here; the only way to get more time is to file a motion for extension within that same 90 days, detailing what efforts at service have already been made and what more is planned, and the court must grant an extension only if the plaintiff shows exceptional circumstances.
Rule 40-III(e) ties the case back into the court's calendar system: if the plaintiff doesn't consent to a magistrate judge under Rule 73(a)(1), or if any party demands a jury, the case moves to an individual judge's calendar under the general assignment procedure in Rule 40-I.
Rule 40-III(a) applies to civil actions collecting a liquidated debt tied to a credit card, credit account, medical bill, or another financial obligation a commercial entity is pursuing, and to actions where an insurer seeks recovery as a subrogee.
If the plaintiff is not the original creditor, the complaint must identify that creditor and state that the plaintiff is the successor in interest. A credit card or account claim needs an attached account statement, and any claim for prejudgment interest must state the rate, the date it started accruing, and the total amount accrued as of a date no more than 30 days before filing.
Rule 40-III(c) requires proof of service no later than 90 days after the complaint is filed. Missing that deadline results in the clerk dismissing the complaint without prejudice and notifying the parties.
Only through a motion for extension filed within the original 90-day period, detailing the efforts already made and planned to accomplish service. Rule 40-III(d) says the ordinary extension provisions in Rule 6(b) do not apply, and the court must grant an extension only on a showing of exceptional circumstances.
Rule 40-III(b)(3)(B) limits the term to interest added or charged to the account after it was closed or charged off — it does not include interest that accrued while the account was still open and active.